Herndon v. Bremond
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. ‘ Suit by appellee against appellant and others, bn a promissory note made by John H. Herndon and John T. Cleveland, in favor of John Burleson. The note was given for part of the purchase money of a lot sold by Burleson to Juliet M. Herndon, wife of the said John H. Herndon, but such fact did not appear in the note. Burleson executed his bond for title to said Juliet, upon the payment of the purchase money.
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Appeal from Travis. Tried below before the Hon. Thomas H. DuVal. ‘ Suit by appellee against appellant and others, bn a promissory note made by John H. Herndon and John T. Cleveland, in favor of John Burleson. The note was given for part of the purchase money of a lot sold by Burleson to Juliet M. Herndon, wife of the said John H. Herndon, but such fact did not appear in the note. Burleson executed his bond for title to said Juliet, upon the payment of the purchase money. Burleson assigned the note to Bremond, the plaintiff, before its maturity. Allegation that Burleson retained a lien on the…
1Opinion of the CourtWheeler, J.
It is suggested on behalf of the appellee, that the appeal bond is insufficient. The bond identifies the case by its title and number on the docket, and describes the judgment accurately in so far as it affects the appellant. There is no misdescription of the judgment; but only not so full and particular a description as might have been given of its contents. But the mere omission in the bond of a full and particular description of the judgment in every particular, if it be sufficiently described to identify it, has not been held a ground for dismissing the appeal.
It is to be observed that…
2Cited by10 opinions
- International & G. N. Railroad v. Smith CountyTexas Supreme Court · 1882
- Dallam County v. S. H. Supply Co.Court of Appeals of Texas · 1915
- Warren v. Marberry & SonTexas Supreme Court · 1892
- Cook v. Steel, Furrh & Co.Texas Supreme Court · 1874
- Hodde v. SusanTexas Supreme Court · 1885
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