Smith v. Allen
Texas Supreme Court
Error from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. This suit was commenced by E. B. Smith, the plaintiff in error, against James R. Sweet, who was the trustee, Stephen Minot and S. G. Ferrill, who were the makers of the notes and trust enjoined, and C. L. Pyron, the original payee of the notes and beneficiary of the trust. The character and leading facts of the case are stated in the opinion.
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Error from Bexar. The case was tried before Hon. Thomas J. Devine, one of the district judges. This suit was commenced by E. B. Smith, the plaintiff in error, against James R. Sweet, who was the trustee, Stephen Minot and S. G. Ferrill, who were the makers of the notes and trust enjoined, and C. L. Pyron, the original payee of the notes and beneficiary of the trust. The character and leading facts of the case are stated in the opinion. The injunction bond was payable to the original defendants, and neither in it nor in the original petition was any notice taken of the intervenors, in whose…
1Opinion of the CourtDonley, J.
—From the record in this cause it appears, that on the 15th of January, 1859, Stephen Minot and S. C. Ferrill purchased from C. L. Pyron a lease of a house in San Antonio, and the furniture belonging to the same, and for it executed to Pyron two notes for $900 each, one due at twelve and the other eighteen months after date. That, to secure the payment of the money mentioned in the notes, Minot and Ferrill executed to James E. Sweet *500a deed of trust on the furniture which they had purchased from Pyron, and in the deed it was stipulated and agreed that, if the note which became due twelve…
2Cases cited5 opinions
- Ecoles v. HillTexas Supreme Court · 1854
- Walling v. KinnardTexas Supreme Court · 1853
- Lott v. KeachTexas Supreme Court · 1849
- Clair v. McGeheeTexas Supreme Court · 1858
- Portis v. CochraneTexas Supreme Court · 1846
3Cited by6 opinions
- Pool v. SanfordTexas Supreme Court · 1880
- Whitman v. J. P. Willis & Bro.Texas Supreme Court · 1879
- Lane v. JonesCourt of Appeals of Texas · 1914
- Snow v. Texas Trunk RailroadUnited States Circuit Court · 1882
- Zucht v. JorrieCourt of Appeals of Texas · 1927
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