Graves v. Allen
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. F. A. Williams. This action was brought by P. S. Graves against W. W. Allen, H. W. Hunter and J. F. Watts, to recover the amount of a debt and interest. On January 1,1885, Wm.
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Appeal from Anderson. Tried below before the Hon. F. A. Williams. This action was brought by P. S. Graves against W. W. Allen, H. W. Hunter and J. F. Watts, to recover the amount of a debt and interest. On January 1,1885, Wm. W. Allen and others, executed and delivered to the appellant their promissory note, as follows, viz: “Montgomery, Ala., January 1, 1875. On the 1st day of January, 1877, we promise to pay to P. S. Graves, or order, at,the office of E. J. Hart & Co., Hew Orleans, La., the sum of $1,511.62, value received. (Signed) Wm. W. Allen, Chas. T. Pollard, Jr. Chas. P. Ball, Geo. E,…
1Opinion of the Court
Willie, Chief Justice.
The appellant does not question the district judge’s conclusion to the effect that Allen’s .order to his agent, Hunter, as accepted by the latter and his successor in the agency, vested in Graves an equitable lien on Allen’s interest in Texas lands, under the control of these agents; he contends, however, that the note described in the petition was merged in the order, whereas the district judge held to the contrary. It is needless to discuss the well known principles of equity bearing upon this subject; to state them will be sufficient to determine the question. A…
2Cases cited2 opinions
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- Witz, Biedler & Co. v. FiteSupreme Court of Virginia · 1895
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