Legal Opinion

Durrell v. Farwell

Texas Supreme Court

Decided March 11, 1895No. 243PublishedCited by 22 opinions

Error to Court of Civil Appeals for Fourth District, in an appeal from Brewster County. In the petition for writ of error, it is stated that the defendants in error (except Mrs. E. L. Gage and the Presidio Live Stock Company) instituted suit in District Court of Brewster County, Texas, on February 10, 1893, against said Mrs. E. L. Gage and the Presidio Live Stock Company, for the sum of $87,665 and the foreclosure of a mortgage lien on 49,960 acres of land situated in…

Read the full summary

Error to Court of Civil Appeals for Fourth District, in an appeal from Brewster County. In the petition for writ of error, it is stated that the defendants in error (except Mrs. E. L. Gage and the Presidio Live Stock Company) instituted suit in District Court of Brewster County, Texas, on February 10, 1893, against said Mrs. E. L. Gage and the Presidio Live Stock Company, for the sum of $87,665 and the foreclosure of a mortgage lien on 49,960 acres of land situated in Brewster and Buchel Counties; alleging that said Presidio Live Stock Company had given said bonds and had failed to pay them;…

1Opinion of the Court

BROWN, Associate Justice.

—Farwell and others sued the Presidio Live Stock Company for a balance of $87,665, claimed to be due upon 220 bonds of said company, and also made H. C. Durrell, Anna D. Gage, executrix of the last will of E. L. Gage, deceased, and C. B. Mower, trustee, parties defendant, for the purpose of foreclosing a mortgage lien upon certain lands described in the petition.

The only controversy in the case was between plaintiffs and defendant Durrell over the foreclosure of the mortgage. Durrell filed several pleas, none of which are necessary to mention except one in the nature…

2Cases cited8 opinions

  1. Smith v. MontgomeryTexas Supreme Court · 1848
  2. Lane & Saylor v. Scott & CulverTexas Supreme Court · 1882
  3. Mayhew v. BoydCourt of Appeals of Maryland · 1853
  4. Rowan v. Sharps' Rifle Manufacturing Co.Supreme Court of Connecticut · 1865
  5. Price v. Dime Savings BankIllinois Supreme Court · 1888

3 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Schneider v. SellersTexas Supreme Court · 1905
  2. Bell v. FranklinCourt of Appeals of Texas · 1921
  3. Paddleford v. WilkinsonCourt of Appeals of Texas · 1917
  4. Farmers' State Bank of Merkel v. First State Bank of AbileneCourt of Appeals of Texas · 1924
  5. McKnight v. Lange Mfg. Co.Court of Appeals of Texas · 1913

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API