Legal Opinion

Caldwell, Hughes & Patterson v. Yarbrough

Court of Appeals of Texas

Decided April 27, 1916No. 1611PublishedCited by 4 opinions

Appeal from Henderson County Court; C. D. Owens, Judge. Action by Caldwell, Hughes & Patterson against C. R. Yarbrough. Judgment for defendant, and plaintiff appeals. Appellee owned a tract of land in Henderson county, and, it seems from his testimony, in September or October, 1912, verbally agreed with Tom'Dewberry and Sam McDonald to sell same to them.

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Appeal from Henderson County Court; C. D. Owens, Judge. Action by Caldwell, Hughes & Patterson against C. R. Yarbrough. Judgment for defendant, and plaintiff appeals. Appellee owned a tract of land in Henderson county, and, it seems from his testimony, in September or October, 1912, verbally agreed with Tom'Dewberry and Sam McDonald to sell same to them. Dewberry and McDonald, according to the understanding then reached, were to give appellee a mortgage on the crop, or a part of it, they expected to grow on the land, to secure the payment of a part of the sum they were to pay for it. Dewberry…

1Opinion of the Court

WILLSON, O. J.

(after stating the facts as above). Notwithstanding it appeared from testimony that the mortgages from McDonald and Dewberry to appellants were made and duly registered as required by law before the time when said McDonald and Dewberry made the mortgages to appellee, and further appeared that the indebtedness of McDonald and' Dewberry to appellants which the mortgages to them were made to secure was unsatisfied; notwithstanding the admission in appellee’s pleadings that he had “taken charge of and converted four bales of cotton raised by said Dewberry and McDonald,” and the…

2Cases cited2 opinions

  1. Richardson v. Washington & Costley Bros.Texas Supreme Court · 1895
  2. League v. Sanger Bros.Court of Appeals of Texas · 1901

3Cited by4 opinions

  1. Waters v. B. F. Ellington & Co.Court of Appeals of Texas · 1926
  2. Thurmond v. International Harvester Co.Court of Appeals of Texas · 1942
  3. Untitled Texas Attorney General Opinion, Texas Attorney General Reports1955
  4. Waters v. B. F. Ellington & Co.Court of Appeals of Texas · 1926

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