Matula v. Freytag
Texas Supreme Court
Error to the Court of Civil Appeals for the Fourth District, in an appeal from Fayette County. Freytag sued Bosenauer to foreclose a mortgage on land and made Matula, as executor, a defendant, who- claimed, for the estate of Kolar, deceased, an engine attached to machinery on the premises.
1Opinion of the CourtJustice Williams
The question in this case is whether or not an engine belongs to the estate of Kolar, deceased, represented by plaintiff in error, as executor, or belongs to Rosenauer and is subject to liens asserted by defendant in error, Freytag, against him. The question arises in this way. The action was brought by Freytag against Eosenauer to recover upon three notes executed by him for $700, $800 and $500, respectively, and to foreclose a vendor's lien upon lots in Flatonia for the purchase money of which the two notes first named were given, and also to foreclose a mortgage on the same lots given by…
2Cases cited6 opinions
- Carlton v. GoeblerTexas Supreme Court · 1900
- Mitchell v. De WittTexas Supreme Court · 1857
- Morris v. HalbertTexas Supreme Court · 1872
- Chifflet v. P. J. Willis & Bro.Texas Supreme Court · 1889
- Crayton v. MungerTexas Supreme Court · 1853
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Lovejoy v. CockrellTexas Commission of Appeals · 1933
- Dial v. MartinCourt of Appeals of Texas · 1931
- Ferguson v. MountsCourt of Appeals of Texas · 1926
- Connor Bros. v. WilliamsTexas Supreme Court · 1938
- Loving v. ClarkCourt of Appeals of Texas · 1921
8 more not listed; retrieve them via the Exa API.