Wiley v. Pinson
Texas Supreme Court
Error from Houston. Tried below before the Hon. Charles A. Frazer. This was a suit brought by the defendant in error, against A. P. Wiley, W. M. Taylor, and John L. Hall, in July, 1857, on a joint and several promissory note, for $410, dated 4th March, 1856, payable twelve months after date, the consideration of which was thus recited in the body of the instrument: “the same being the purchase-money for the homestead tract of Luke Johnson, and containing 830 acres, lying in…
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Error from Houston. Tried below before the Hon. Charles A. Frazer. This was a suit brought by the defendant in error, against A. P. Wiley, W. M. Taylor, and John L. Hall, in July, 1857, on a joint and several promissory note, for $410, dated 4th March, 1856, payable twelve months after date, the consideration of which was thus recited in the body of the instrument: “the same being the purchase-money for the homestead tract of Luke Johnson, and containing 830 acres, lying in Houston county, Texas, and by Yoakum and Wiley this day purchased at executor’s sale; and ,we hereby give to said…
1Opinion of the CourtBell, J.
We can perceive no error in the judgment of the court below. All the parties to the note sued on, appear on the face of the note to be principals. ¡None of them sign as sureties. If any of them were, in fact, sureties, and if the sureties desired to be protected, as such, by the decree of the court, that might have been done by proper pleadings and proof, under the provisions of the act of the'seventh legislature, on the subject. But there were no pleadings to require the court to adjudicate the question of suretyship between the defendants.
It was proper for the plaintiff, in the court below,…
2Cited by7 opinions
- Howard v. JohnsonTexas Supreme Court · 1888
- Smyth v. CaswellTexas Supreme Court · 1886
- Hare v. ReilyCourt of Appeals of Texas · 1925
- Reynolds Mortgage Co. v. SmithCourt of Appeals of Texas · 1926
- Kruger v. TaylorTexas Commission of Appeals · 1930
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