Kendall v. Mather
Texas Supreme Court
Error from Fort Bend. Tried below before the Hon. L. Lindsay. Kendall & Harcourt were employed by John Johnson to collect notes for over $7,000 from J. L. Pool, secured by trust deed on two tracts of land. Mather held a prior lien on one of the tracts, and made an arrangement by which Kendall & Harcourt were to collect Johnson’s note from Pool, and out of the proceeds to pay Mather.
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Error from Fort Bend. Tried below before the Hon. L. Lindsay. Kendall & Harcourt were employed by John Johnson to collect notes for over $7,000 from J. L. Pool, secured by trust deed on two tracts of land. Mather held a prior lien on one of the tracts, and made an arrangement by which Kendall & Harcourt were to collect Johnson’s note from Pool, and out of the proceeds to pay Mather. Kendall & Harcourt recovered judgment against Pool, who, before execution, went into bankruptcy; when Mather, taking the matter into his own hands, bought both tracts of land on account of his debt. Kendall &…
1Opinion of the Court
Moore, Associate Justice.
This is the second appeal in this case. In the opinion of the court remanding the case on the former appeal, it was said: “ This, then, is an action brought in the District Court to enjoin the judgment of this court; and the District Court has so enjoined our judgment, and disregarded our mandate. Had the mistake in the former judgment been corrected in the District Court, pending this suit in this court, we might have conformed our action to the premises, on the proper filing of an amended transcript. (See Cowan, Adm’r, v. Ross, 28 Tex., 227.) But *597the proceeding in…
2Cases cited1 opinion
- Cowan v. RossTexas Supreme Court · 1866
3Cited by21 opinions
- Cattlemens Trust Co. of Ft. Worth v. WillisCourt of Appeals of Texas · 1915
- Davis v. CoxCourt of Appeals of Texas · 1928
- Halbrook v. QuinnCourt of Appeals of Texas · 1924
- Carter v. G & L Tool Co. of Utah, Inc.Court of Appeals of Texas · 1968
- Jackson v. SlaughterCourt of Appeals of Texas · 1944
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