De Bruhl v. Maas
Texas Supreme Court
Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit instituted by Max Maas, as the holder and owner of the note of John De Bruhl and wife, the appellants, praying for a judgment for the balance due thereon, and for the foreclosure of the hen upon the city lots described in the petition.
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Error from Galveston. Tried below before the Hon. Wm. H. Stewart. Suit instituted by Max Maas, as the holder and owner of the note of John De Bruhl and wife, the appellants, praying for a judgment for the balance due thereon, and for the foreclosure of the hen upon the city lots described in the petition. The note was payable to the order of the makers thereof, and indorsed in blank by them, for the sum of $300, dated April 19, 1872, payable two years after date, with twelve per cent, per annum interest from date; it recited on its face that it was given for the payment of part of the…
1Opinion of the Court
Walker, Commissioner.
The assignments of error-present but a single question, and that is, whether the note *470sued on was, at the institution of the suit, secured by a valid lien, to which the lots were then subject.
The first assignment of error, in effect, states as the proposition of law contended for, that under the facts of the case, the note and purchase hen which secured it was satisfied and extinguished by the subsequent contracts of deed, lease, and agreement to reconvey on condition, and that consequently the judgment of foreclosure of the lien and for the debt was erroneous. The second…
2Cases cited11 opinions
- Clements v. LacyTexas Supreme Court · 1879
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Howards v. DavisTexas Supreme Court · 1851
- Slee v. President & Directors of the Manhattan Co.New York Court of Chancery · 1828
- White v. ShepperdTexas Supreme Court · 1856
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3Cited by30 opinions
- Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
- Joiner v. PerkinsTexas Supreme Court · 1883
- Barber v. HerringTexas Commission of Appeals · 1921
- Hume v. Le CompteCourt of Appeals of Texas · 1911
- McCarty v. BrackenridgeCourt of Appeals of Texas · 1892
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