Legal Opinion

Moore v. Whitis

Texas Supreme Court

Decided October 15, 1867PublishedCited by 4 opinions

Appeal from Caldwell. The case was tried before Hon. John Ireland, one of the district judges. This was a case that originated in the county court of Caldwell county, by the appellants, against O. W. Whitis, administrator of Thomas Catton, deceased, and Esther Catton, the widow of Thomas Catton, intervenor.

Read the full summary

Appeal from Caldwell. The case was tried before Hon. John Ireland, one of the district judges. This was a case that originated in the county court of Caldwell county, by the appellants, against O. W. Whitis, administrator of Thomas Catton, deceased, and Esther Catton, the widow of Thomas Catton, intervenor. Petition filed 5th May, 1866. The appellants allege, that on the 19th February, 1860, Thomas Catton, deceased, executed to them a note for $917 45, due eleven months after date; that on the 7th day of February, 1861, Thomas Catton executed to them a mortgage upon part of a lot and…

1Opinion of the CourtMorrill, C. J.

This suit was brought by Moore v. Whitis, administrator of Catton, deceased, for the fore*444closure of a mortgage, given by the deceased in Ms lifetime upon a town lot, to secure payment of a note, also given by the deceased to said Moore. Esther Catton intervened, alleging that she was the surviving widow of the deceased; that at the time of the execution of said mortgage, and from that time to his death, said lot was a portion of the homestead, and that the same, together with the residence and all the real estate possessed by the deceased, did not exceed in value $2,000. The jury having been…

2Cases cited3 opinions

  1. Samuel B. v. StoneTexas Supreme Court · 1857
  2. Sossaman v. PowellTexas Supreme Court · 1858
  3. Hancock v. MorganTexas Supreme Court · 1856

3Cited by4 opinions

  1. Herman Iken & Co. v. OlenickTexas Supreme Court · 1874
  2. Howell v. BushMississippi Supreme Court · 1877
  3. Greeley v. ScottUnited States Circuit Court for the Northern District of Florida · 1875
  4. Baldwin v. TilleryMississippi Supreme Court · 1884

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API