Legal Opinion

Sherk v. First Nat. Bank of Hereford

Texas Commission of Appeals

Decided November 20, 1918No. 2560PublishedCited by 19 opinions

Error to Court of Civil Appeals of Seventh. Supreme Judicial District. Action by A. L. Sherk against the First National Bank of Hereford and J. L. Fuqua. From a judgment of the Court of Civil Appeals (152 S. W. 832), affirming judgment that plaintiff take nothing, and decreeing foreclosure prayed by the defendant bank, plaintiff brings error.

1Opinion of the Court

Statement of the Case.

MONTGOMERY, P. J.

A. L. Sherk, plaintiff in error, sued the First National Bank of Hereford and J. L. Fuqua.

The plaintiff’s petition was in two counts; the 'first in ordinary form of trespass to try title, to recover lots 13, 14, and 15, in block 10, of the town of Hereford. In the second count the plaintiff, Sherk, alleged substantially the following facts:

That in the year 1908 plaintiff and one Stenek, entered into a partnership agreement under the firm name of Sherk' & Stenek for the purpose of conducting a livery, feed, and sales stable; it being agreed that each was…

2Cases cited5 opinions

  1. Case v. BeauregardSupreme Court of the United States · 1879
  2. Oliphant v. MarkhamTexas Supreme Court · 1891
  3. Moore v. SteeleTexas Supreme Court · 1887
  4. Angier v. CowardTexas Supreme Court · 1891
  5. Sherk v. First Nat. Bank of HerefordCourt of Appeals of Texas · 1912

3Cited by19 opinions

  1. Employers Casualty Co. v. Transport Insurance Co.Texas Supreme Court · 1969
  2. Martin v. DialTexas Commission of Appeals · 1933
  3. Commissioner of Internal Revenue v. SmithCourt of Appeals for the Fifth Circuit · 1949
  4. Smith v. CommissionerUnited States Tax Court · 1948
  5. Bahr v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1941

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