Voigtlander v. Brotze
Texas Supreme Court
Error from Bexar. Tried below before the Hon. George H. Noonan. Mrs. Margaretta Brotze, the defendant in error, had brought suit in the district court of Bexar county against Louis Yoigtlander and his wife Augusta on a promissory note given for purchase money of a lot in the city of San Antonio, secured by a deed of trust upon the land sold. Louis Yoigtlander died, and his children and heirs .were made parties.
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Error from Bexar. Tried below before the Hon. George H. Noonan. Mrs. Margaretta Brotze, the defendant in error, had brought suit in the district court of Bexar county against Louis Yoigtlander and his wife Augusta on a promissory note given for purchase money of a lot in the city of San Antonio, secured by a deed of trust upon the land sold. Louis Yoigtlander died, and his children and heirs .were made parties. The suit resulted in a judgment for Mrs. Brotze for $1,547, and a recognition and foreclosure of her lien. On April 18, 1882, Mrs. Brotze purchased the lot at the foreclosure sale,…
1Opinion of the Court
West, Associate Justice.—
Though it is a power that has been rarely exercised by the district courts of this state, yet there is no doubt that they have the authority to extend the relief, and enter the order to revise which the writ of error in this case was sued out.
This action became necessary and proper, under the facts of the case, to enable the court to carry out its final decree, heretofore rendered in this cause, and to give the defendant in error the proper relief to which she was entitled under the pleadings. This exercise of power is fully authorized by the constitution and laws.…
2Cases cited4 opinions
- Kershaw v. ThompsonNew York Court of Chancery · 1820
- Teas v. RobinsonTexas Supreme Court · 1854
- Murray v. De RottenhamNew York Court of Chancery · 1822
- Shulte v. HoffmanTexas Supreme Court · 1857
3Cited by9 opinions
- Hunt Production Co. v. BurrageCourt of Appeals of Texas · 1937
- Newman v. City of El PasoCourt of Appeals of Texas · 1934
- Stewart v. PattersonCourt of Appeals of Texas · 1918
- Railroad Commission v. StephensCourt of Appeals of Texas · 1941
- Viejo v. Ignacio CalocaSupreme Court of Puerto Rico · 1926
4 more not listed; retrieve them via the Exa API.