Legal Opinion

Stringer v. Swenson

Texas Supreme Court

Decided December 16, 1884No. Case No. 1618PublishedCited by 1 opinion

Appeal from Travis. Tried below before the Hon. John W. Eobertson. Suit by S. M. Swenson against John Stringer and Olara D. Stringer, his wife, and S. J. Swenson, trustee. On March 5, 1877, John Stringer borrowed from S. M. Swenson $4,000, and delivered to him his note for that sum with interest at ten per cent, per annum.

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Appeal from Travis. Tried below before the Hon. John W. Eobertson. Suit by S. M. Swenson against John Stringer and Olara D. Stringer, his wife, and S. J. Swenson, trustee. On March 5, 1877, John Stringer borrowed from S. M. Swenson $4,000, and delivered to him his note for that sum with interest at ten per cent, per annum. The note was payable in instalments, the last instalment falling due on March 5, 1882. To secure the payment of that note, Stringer and wife gave to S. J. Swenson, trustee, a deed of trust upon a piece of ground in the city of Austin (with the improvements thereon)…

1Opinion of the Court

Delany, J. Com. App.

Many of the assignments of error are so vague that we will not consider them.

There is no merit in the exceptions of the defendants to the plaintiff’s petition.

*13Ifc was matter of no consequence whether Mrs. Stringer signed the note or not, or whether she was personally bound for the debt.

PTo personal judgment was asked against her; and she was made a party to the suit only because she claimed an interest in the property upon which the plaintiff was endeavoring to enforce a lien.

PTor is there any merit in her objections to the certificate of the notary who took her…

2Cases cited3 opinions

  1. Medlenka v. DowningTexas Supreme Court · 1883
  2. Pierce v. FortTexas Supreme Court · 1883
  3. Coombes v. ThomasTexas Supreme Court · 1882

3Cited by1 opinion

  1. Oppenheimer v. FritterTexas Supreme Court · 1890

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