Legal Opinion

McLane v. Belvin

Texas Supreme Court

Decided July 1, 1877PublishedCited by 24 opinions

Appeal from Bexar. Tried below before the Hon. George H. Hoonan. On the 4th of June, 1857, Asa Mitchell executed a promissory note for $3,000, payable to William McLane, due on the 4th day of January, 1859, with twelve per cent, interest, payable annually, secured by deed of trust on certain lands in Bexar.

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Appeal from Bexar. Tried below before the Hon. George H. Hoonan. On the 4th of June, 1857, Asa Mitchell executed a promissory note for $3,000, payable to William McLane, due on the 4th day of January, 1859, with twelve per cent, interest, payable annually, secured by deed of trust on certain lands in Bexar. Payments were made on the note from time to time until the 22d day of August, 1862, when the whole note was paid off in Confederate treasury notes, and the note surrendered up and a release of the deed of trust formally executed by I. A. Paschal, trustee and attorney of McLane. In…

1Opinion of the Court

Moose, Associate Justice.

It is unnecessary for us to give any special consideration to most of the questions raised and discussed by counsel in this case, for it is quite apparent, from an inspection of the record, that appellant, who was the ■ plaintiff in the District. Court, failed to cxliibit, either in his original or amended petition, any ground of action entitling him to a judgment, as prayed for, against the estate represented by appellees. If, therefore, it was conceded that the court erred in its rulings on other and subordinate points, *501such error would afford no ground for the…

2Cases cited1 opinion

  1. Hart v. RustTexas Supreme Court · 1877

3Cited by24 opinions

  1. Phoenix Lumber Co. v. Houston Water Co.Texas Supreme Court · 1901
  2. Roy v. WhitakerTexas Supreme Court · 1898
  3. Griggs v. BrewsterTexas Supreme Court · 1933
  4. Rowland v. MooreTexas Supreme Court · 1943
  5. Howard v. JohnsonTexas Supreme Court · 1888

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