Legal Opinion

Beatty-Folsom Co. v. Edwards

Court of Appeals of Texas

Decided February 15, 1922No. 6685Published

Appeal from District Court, Bee County;M. A. Childress, Judge. Action by the Beatty-Folsom Company against Enoch Edwards, with cross-action by defendant against plaintiff and the Beeville Bank & Trust Company. Judgment for the bank against defendant and his sureties, and for defendant on his cross-action against the Beatty-Folsom Company, and the Beatty- ■ Folsom Company and defendant appeal.

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Appeal from District Court, Bee County;M. A. Childress, Judge. Action by the Beatty-Folsom Company against Enoch Edwards, with cross-action by defendant against plaintiff and the Beeville Bank & Trust Company. Judgment for the bank against defendant and his sureties, and for defendant on his cross-action against the Beatty-Folsom Company, and the Beatty- ■ Folsom Company and defendant appeal. Reversed on both appeals, and remanded as between defendant and the Beeville Bank & Trust Company, and rendered as between the Beatty-Folaom Company and Enoch -Edwards.

1Opinion of the CourtCobbs, J.

Beatty-Folsom Company brought suit in the district court of Hidalgo county against Enoch Edwards, to recover on a note secured by a mortgage for $1,400.00, payable in monthly installments of $700, representing the purchase price of a Chandler áutomobile, secured by a contract lien thereon. Payments had been made on the note.

The petition prayed for judgment' and the foreclosure of the lien. It also prayed, in pursuance of an affidavit made by Perry J. Folsom, for a writ of sequestration to issue to seize said property, which writ was issued and directed to the sheriff of Jim Hogg county, who…

2Cases cited7 opinions

  1. Smith v. Traders National BankTexas Supreme Court · 1889
  2. Brunson v. Dawson State BankCourt of Appeals of Texas · 1915
  3. Neely v. Grayson County National BankCourt of Appeals of Texas · 1901
  4. Hamlett v. CoatesCourt of Appeals of Texas · 1915
  5. Taylor Bros. Jewelry Co. v. KelleyCourt of Appeals of Texas · 1916

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