Legal Opinion

Western Mortg. & Inv. Co. v. Ganzer

Court of Appeals for the Fifth Circuit

Decided June 12, 1894No. 231PublishedCited by 10 opinions

Appeal from the Circuit Court of the United (States for the Northern District of Texas. 'The Western Mortgage & Investment Company, Limited, instituted this suit in the court below, praying for judgment against the appellee Ferdinand Ganzer on the latter’s notes for $4,200, interest thereon, attorney’s fees, and costs, and for foreclosure of deed of trust lien on certain lots in the city of Dallas, Tex., alleging that, on the written application of Ferdinand Ganzer,…

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Appeal from the Circuit Court of the United (States for the Northern District of Texas. 'The Western Mortgage & Investment Company, Limited, instituted this suit in the court below, praying for judgment against the appellee Ferdinand Ganzer on the latter’s notes for $4,200, interest thereon, attorney’s fees, and costs, and for foreclosure of deed of trust lien on certain lots in the city of Dallas, Tex., alleging that, on the written application of Ferdinand Ganzer, complainant had loaned him $4,200 on April 17, 1889, payable April 17, 1892, which loan .was secured by a trust deed executed…

1Opinion of the CourtPardee, Circuit Judge

(after stating the facts as above). The assignments of error relied upon by the appellant present in different forms practically the same question; i. e. whether the court below erred in not allowing the plaintiff in error (appellant here) a lien on the lands in controversy for the amount of $2,200, represented by the vendor’s lien notes, with interest thereon from April 17, 1891, for the reason that the complainant, at the express instance and request of the defendant Ganzer, and while innocent of any fraudulent taint affecting the notes, advanced the value thereof to pay the same before…

2Cases cited5 opinions

  1. Insurance Co. v. DunhamSupreme Court of the United States · 1871
  2. Hicks v. MorrisTexas Supreme Court · 1882
  3. Hurt v. CooperTexas Supreme Court · 1885
  4. Pridgen v. WarnTexas Supreme Court · 1891
  5. Cunningham v. HolcombCourt of Appeals of Texas · 1892

3Cited by10 opinions

  1. Adler v. New York Life Ins. Co.Court of Appeals for the Eighth Circuit · 1929
  2. Pickett v. Dallas Trust & Savings BankTexas Commission of Appeals · 1930
  3. Laffranchini v. ClarkNevada Supreme Court · 1915
  4. Hudson v. RandolphCourt of Appeals for the Fifth Circuit · 1894
  5. Alexander Eccles & Co. v. Louisville & N. R.District Court, N.D. Alabama · 1912

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