Jones v. Martin
Texas Supreme Court
Appeal from Lavaca. Tried below before the Hon. Fielding Jones. This suit was brought by Augustus Jones against William Martin, on the 17th of October, 1855. The petition alleged that an execution issued on August 8th, 1855, from the District Court of Lavaca county, against the plaintiff, on a judgment rendered on 17th day of April, 1854, in favor of Charles H. Jordan, for $567 and interest, besides cost.
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Appeal from Lavaca. Tried below before the Hon. Fielding Jones. This suit was brought by Augustus Jones against William Martin, on the 17th of October, 1855. The petition alleged that an execution issued on August 8th, 1855, from the District Court of Lavaca county, against the plaintiff, on a judgment rendered on 17th day of April, 1854, in favor of Charles H. Jordan, for $567 and interest, besides cost. That, on the next day, it was levied on a tract of land in Lavaca county of from 1,500 to 2,000 acres, and also upon a large number of town lots in the town of Petersburg in said county, and…
1Opinion of the CourtWhebleb, C. J.
The circumstances attending the purchase of the land by the attorney of the plaintiff, seem to render it obnoxious to the observations of Chief Justice Robertson in the case of Howell’s Heirs v. McCreery’s Heirs, (7 Dana, 388,) and of Chancellor Kent in Howell v. Baker, (4 Johns. Ch. R., 118,) to the effect that such a transaction carries evidence of abuse upon its face.
It is questionable whether a purchase by an attorney under his client’s execution, over which he had control, Avould not be deemed, *61in itself, invalid in England. In Howell v. Baker, (supra,) the Chancellor quotes an…
2Cases cited1 opinion
- Howell's Heirs v. McCreery's HeirsCourt of Appeals of Kentucky · 1838
3Cited by11 opinions
- Schroeder v. YoungSupreme Court of the United States · 1896
- Harrison v. OrrTexas Commission of Appeals · 1927
- Douglass v. BlountTexas Supreme Court · 1902
- Guinan v. DonnellSupreme Court of Missouri · 1907
- Henyan v. TrevinoCourt of Appeals of Texas · 1911
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