May v. Taylor
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, and was reversed and remanded. (See May v. Taylor, 22 Tex.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This case was formerly before the Supreme Court, and was reversed and remanded. (See May v. Taylor, 22 Tex. Rep., 848.) On the 4th day of September, 1855, G. H. G. May executed a note, payable six months after date, to Pleasant Taylor, administrator of the estate of George H. Walworth, deceased, for $2303, being the amount of the purchase money of a tract of land purchased by G. H. G. May, at a public sale made by the administrator. Oil the same day, the purchaser mortgaged the land' to the administrator to secure the note.…
1Opinion of the CourtBell, J.
We are of opinion that the court erred in sustaining the exception of the plaintiff to the amended answer of the defendant, which was filed on the 15th of April, 1855. The answer *128alleged that there was an outstanding mortgage upon the land for the purchase money of which, the note sued on was given. The answer further averred, “that said mortgage deed was to have been paid off and fully discharged by the plaintiff in this case, said Taylor, administrator of said Walworth, deceased; and that the land was thereby to be released of this lien, which was the express agreement with plaintiff in…
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