Maloney v. Greenwood
Court of Appeals of Texas
Appeal from Ellis County Court; W. M. Tidwell, Judge. Action by J. M. Maloney against W. L. Greenwood and others. Judgment for defendants, and plaintiff appeals. Appellant was surety o-n a note for $625 made by appellee Greenwood to E. C. Cantrell. Payment of the note was further secured by a mortgage from Greenwood to Cantrell on certain mules, among them one described in said mortgage as a “bay horse mule, 15 hands high, 5 years old, owned by Greenwood.”
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Appeal from Ellis County Court; W. M. Tidwell, Judge. Action by J. M. Maloney against W. L. Greenwood and others. Judgment for defendants, and plaintiff appeals. Appellant was surety o-n a note for $625 made by appellee Greenwood to E. C. Cantrell. Payment of the note was further secured by a mortgage from Greenwood to Cantrell on certain mules, among them one described in said mortgage as a “bay horse mule, 15 hands high, 5 years old, owned by Greenwood.” All the mules except the one just described were sold by Greenwood; and the proceeds of the sale, having been turned over to Cantrell,…
1Opinion of the Court
WILLSON, O. J.
(after stating the facts as above). The grounds upon which the trial court instructed the jury to find in favor of Crayton and Gammell are stated in qualifications made by him to bills of exception in the record. He was of opinion that appellant, by paying, as he was bound to, the $203.95 due on the note to Cantrell, did not become subrogated to the latter’s right to enforce the mortgage on the bay mule as against Crayton and Gammell, because they “had purchased the animal sought to be foreclosed for value or were lienholders,” and that appellant was not entitled to enforce the…
2Cases cited4 opinions
- Faires v. CockerellTexas Supreme Court · 1895
- Burlington State Bank v. Marlin Nat. BankCourt of Appeals of Texas · 1914
- Beville v. BoydCourt of Appeals of Texas · 1897
- Pitluk & Meyer v. ButlerCourt of Appeals of Texas · 1913
3Cited by7 opinions
- Burlington State Bank v. Marlin Nat. BankCourt of Appeals of Texas · 1918
- First Nat. Bank of Navasota v. ToddTexas Commission of Appeals · 1921
- Haslet State Bank v. CarperCourt of Appeals of Texas · 1925
- Nelson v. RobinsonSouth Dakota Supreme Court · 1925
- Graham Nat. Bank v. BeaversCourt of Appeals of Texas · 1926
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