Mustain, Exr. v. Stokes
Texas Supreme Court
Error to Court of Civil Appeals, Third District, in an appeal' from Travis County. Mustain, as executor of Waters, .brought the suit and recovered judgment on the notes sued on, but was denied foreclosure of his lien. He appealed, and on the affirmance of the judgment by the Court of Civil Appeals obtained writ of error.
1Opinion of the Court
BROWN, Associate Justice.
Plaintiff in error, as executor of Butler H. Waters, deceased, sued H. G. Stokes and wife on two promissory notes for $393.75 each, signed by the defendants, and sought to foreclose an alleged lien on a certain lot in the city of Austin, which constituted appellee’s homestead at the time the notes were given. Verdict and judgment wrere rendered against Stokes on the notes, but against the plaintiff in error as to his lien, which judgment was affirmed by the Court of Civil Appeals.
Plaintiff in error insists that the uncontroverted facts show that his testator, Butler…
2Cases cited5 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Choate v. San Antonio & Aransas Pass Railway Co.Texas Supreme Court · 1896
- Hicks v. MorrisTexas Supreme Court · 1882
- Gulf, Colorado & Santa Fe Railway Co. v. HodgesTexas Supreme Court · 1890
- Garrett v. Interstate BankTexas Supreme Court · 1890
3Cited by21 opinions
- Wilkins, Neely & Jones v. GibsonSupreme Court of Georgia · 1901
- Floyd v. HammondTexas Commission of Appeals · 1925
- Darrow v. SummerhillTexas Supreme Court · 1899
- Park v. Kribs, ReceiverCourt of Appeals of Texas · 1900
- Bagley v. PollockCourt of Appeals of Texas · 1929
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