H. R. E., B. & B. Ass'n v. Cochran
Texas Supreme Court
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. This was a proceeding under the statute for the trial of the right to two billiard tables valued at $550. The case was tried below upon the following agreed statement: “ The Hempstead Real Estate, Building & Banking Association , Nos. 398, 399. vs. In District Court. N. Cochran.
Read the full summary
Appeal from Waller. Tried below before the Hon. Wm. H. Burkhart. This was a proceeding under the statute for the trial of the right to two billiard tables valued at $550. The case was tried below upon the following agreed statement: “ The Hempstead Real Estate, Building & Banking Association , Nos. 398, 399. vs. In District Court. N. Cochran. “ In these cases it is agreed that the two cases may be consolidated, and tried as one case upon the following agreed statement: “The plaintiff had rented to J. W. Ellison a store-house in Hemp-stead, at a monthly rental of $50, to be paid monthly in…
1Opinion of the Court
Watts, J. Com. App.
But one question is presented by the record for determination, and that is as to the superiority of the two conflicting liens under which the parties are respectively asserting a claim to the property in controversy. The claim of the appellant is based upon the statutory lien secured to the landlord upon the property of his tenant for rents due and to become due, while the appellee’s right is dependent upon a mortgage. This mortgage was executed and duly recorded in Waller county, September, 1879. The rents for which the distress was had accrued for the months of September,…
2Cases cited3 opinions
- Case v. AllenSupreme Court of Arkansas · 1878
- Fowler v. RapleySupreme Court of the United States · 1872
- Webb, Trustee v. Sharp, MarshalSupreme Court of the United States · 1871
3Cited by21 opinions
- Berkey & Gay Furniture Co. v. Sherman Hotel Co.Texas Supreme Court · 1891
- T. L. Marsalis & Co. v. PitmanTexas Supreme Court · 1887
- American Book Company v. MarrsTexas Supreme Court · 1923
- Lovelady v. HardingCourt of Appeals of Texas · 1918
- Brackenridge v. MillanTexas Supreme Court · 1891
16 more not listed; retrieve them via the Exa API.