Brown v. Mitchell
Texas Commission of Appeals
Appeal from Robertson. Tried below before the Hon. John B. Rector. This suit was brought on the 11th of May, 1874, by B. A. Brown, against John A. Mitchell, on a note secured by a mortgage upon certain mules and other property described' in the petition.
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Appeal from Robertson. Tried below before the Hon. John B. Rector. This suit was brought on the 11th of May, 1874, by B. A. Brown, against John A. Mitchell, on a note secured by a mortgage upon certain mules and other property described' in the petition. On the 9th of June, 1874, L. K. Preston intervened in the suit, alleging in his petition of intervention that he held a valid and subsisting mortgage lien upon the same property, executed to him by Mitchell subsequent to the execution of the mortgage of plaintiff; that, on the 1st of [November, 1874, subsequent to the accrual of plaintiff’s…
1Opinion of the CourtA. S. Walker, J.
The errors are discussed in groups as follows, by counsel for appellants, which are sufficiently indicated by the assignment of errors:
1. That the defendant Mitchell, having filed only a general denial, no evidence was admissible in his favor to defeat a recovery .against him.
*3782. That there was no evidence under the intervenor’s allegation of fraud to warrant the verdict and judgment.
3. That intervenor’s plea of account, settlement and discharge of the note is a nullity, and interposes no defense.
4. That great injustice was done plaintiff by first admitting in evidence the declarations of…
2Cases cited2 opinions
- Acklin v. PaschalTexas Supreme Court · 1877
- Robinson v. SchmidtTexas Supreme Court · 1877