First Nat. Bank of Plainview v. McWhorter
Court of Appeals of Texas
Appeal from District Court, Lubbock County; W. R, Spencer, Judge. Action by Kate H. McWhorter and others against the First National Bank of Plain-view, Tex., and others, in trover and conversion for grass seed. Judgment for plaintiffs, and defendants appeal.
1Opinion of the CourtHendricks, J.
In 1913, B. O. McWhor-ter, the husband of Kate H. McWhorter, was indebted to the appellant the First National Bank of Plainview, as surety upon two promissory notes, in an amount between $9,-000 and $10,000. In September, 1914, the bank sued B. O. McWhorter upon the notes and caused the levy of a writ of attachment upon certain Sudan grass seed. This litigation is an independent suit of the husband, with the wife, Kate H. McWhorter, in trover and conversion for the value of the seed, alleging that it was the separate property of Mrs. McWhorter, and that the same was not liable for the debts…
2Cases cited15 opinions
- Kellett v. TriceTexas Supreme Court · 1902
- Cox v. MillerTexas Supreme Court · 1880
- Southern Pacific Railway Co. v. R. E. Maddox & Co.Court of Appeals of Texas · 1889
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- Lord v. New York Life Insurance Co.Texas Supreme Court · 1902
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3Cited by16 opinions
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- Schenck v. Foster Building & Realty Co.Court of Appeals of Texas · 1919
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