Legal Opinion

Warren v. Harrold

Texas Supreme Court

Decided February 6, 1899No. 726PublishedCited by 16 opinions

Error to the Court of Civil Appeals for the Second District, in an appeal from Clay County. Warren sued Harrold and East upon a note and to foreclose a mortgage, and recovered judgment, which on their appeal was reversed and the case dismissed. Warren then obtained writ of error.

1Opinion of the Court

GAINES, Chief Justice.

The defendants in error executed to plaintiff in error their joint and several promissory note for $1500, due thirty-six months after date, and bearing interest at the rate of 10 per cent per arnniriij payable semi-annually. To secure this debt they executed a deed in trust upon certain real estate, in which they empowered the trustee “in case of a failure or default of the payment of said promissory note, together with interest thereon accrued according to its terms and face at the maturity of the same,” to sell the property for the payment of the debt. Two installments…

2Cases cited5 opinions

  1. Forster v. FullerMassachusetts Supreme Judicial Court · 1809
  2. Gibson v. IrbyTexas Supreme Court · 1856
  3. Conner v. ClarkCalifornia Supreme Court · 1859
  4. Tinsley v. BoykinTexas Supreme Court · 1877
  5. Gregory v. LeighTexas Supreme Court · 1871

3Cited by16 opinions

  1. Motor & Industrial Finance Corporation v. HughesTexas Supreme Court · 1957
  2. Shear Co. v. HallTexas Commission of Appeals · 1921
  3. Seydler v. KeuperCourt of Appeals of Texas · 1939
  4. Lovenskiold v. Nueces Hotel Co.Court of Appeals of Texas · 1919
  5. State Nat. Bank of Bonham v. HesterCourt of Appeals of Texas · 1928

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