Duty v. Graham
Texas Supreme Court
Appeal from Red River. Action of trespass to try title by the appellee against the appellant, commenced May 2nd, 1848. The plaintiff relied on a mortgage from John J. Yining, dated March 18th, 1844, to secure the payment of $735 on the first day of January, 1845. The defendant claimed by purchase from the heirs of John J. Yining. John J. Yining died in April, 1844; and the plaintiff failed to present the claim to his administrator within the year.
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Appeal from Red River. Action of trespass to try title by the appellee against the appellant, commenced May 2nd, 1848. The plaintiff relied on a mortgage from John J. Yining, dated March 18th, 1844, to secure the payment of $735 on the first day of January, 1845. The defendant claimed by purchase from the heirs of John J. Yining. John J. Yining died in April, 1844; and the plaintiff failed to present the claim to his administrator within the year. There was a demurrer in the Court below to the plaintiff’s evidence, which was overruled ; the case submitted to the Court, and judgment for the…
1Opinion of the Court
Hemphill, Ch. J.
The subject matter of this controversy has already been three times before this Court, and as often decided against the present appellee. He has a note against John J. Vining, deceased, secured by mortgage on the tract of land which he has recovered in this controversy, and the substance of the former decision in relation to this note and mortgage was, that inasmuch as they had not been presented in the time prescribed by law, under the Act of 1840, to the administrator, no suit could be maintained upon them, nor judgment bad for their recovery or for the foreclosure of the…
2Cited by54 opinions
- Ewell v. DaggsSupreme Court of the United States · 1883
- Fievel v. ZuberTexas Supreme Court · 1887
- Willis v. MooreTexas Supreme Court · 1883
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Fuller v. O'NeilTexas Supreme Court · 1887
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