Frazier v. Moore's Adm'r
Texas Supreme Court
Appeal from Brazoria. Suit brought December 17th, 1845, (citation issued January 13th, 1846; alias executed October 7th,) by the appellant against Robert Moore, surviving partner of the firm of D. G. & R. Moore, on the following instrnment: “ $2,378 96. Yazoo City, April 21st, 1841. “ On the first day of January next after date, we or either “ of us promise to pay to the Merchants Bank, of New Or- “ leans, two thousand three hundred and seventy-eight 96-100 “dollars.
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Appeal from Brazoria. Suit brought December 17th, 1845, (citation issued January 13th, 1846; alias executed October 7th,) by the appellant against Robert Moore, surviving partner of the firm of D. G. & R. Moore, on the following instrnment: “ $2,378 96. Yazoo City, April 21st, 1841. “ On the first day of January next after date, we or either “ of us promise to pay to the Merchants Bank, of New Or- “ leans, two thousand three hundred and seventy-eight 96-100 “dollars. Value received. Negotiable and payable at the “ Commercial Bank of Manchester in Yazoo City, Mississippi. “ D. G. & R. MOORE.”…
1Opinion of the CourtWheeler, J.
The principal defence relied on was, that by virtue of the sale of the judgment under the Mississippi statute, and its transfer, by the purchaser, to the defendant, the title of the plaintiff was divested, and the debt extinguished.
To this it is objected, that the proceeding to sell and the sale in Mississippi, being without notice to the plaintiff, are not valid when sought to be enforced beyond the limits of that State.
I do not perceive that there is any well founded objection to the validity of the transfer of the judgment, under the Mississippi statute. Every State has the power to…
2Cited by6 opinions
- Tinsley v. DowellTexas Supreme Court · 1894
- Baker v. ClepperTexas Supreme Court · 1863
- Edwards v. HatchCourt of Appeals of Texas · 1937
- Texas Overall Co. v. MummertCourt of Appeals of Texas · 1913
- Staley, Langford & Chenault v. City Nat. Bank of CommerceCourt of Appeals of Texas · 1923
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