DeCordova v. Atchison
Texas Supreme Court
Error from Harris. Action by the appllee on the following note: Houston, July 1,1851. Twelve months after date, I promise to pay to the order of John Dobbin, administrator of the estate of A; W. Berry, four hundred dollars, being the purchase money for one league and labor of land in the name of Juan Jose Tasseda, purchased at the sale of the property of A. W. Berry. J. DeCORDOVA. Endorsed to plaintiff.
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Error from Harris. Action by the appllee on the following note: Houston, July 1,1851. Twelve months after date, I promise to pay to the order of John Dobbin, administrator of the estate of A; W. Berry, four hundred dollars, being the purchase money for one league and labor of land in the name of Juan Jose Tasseda, purchased at the sale of the property of A. W. Berry. J. DeCORDOVA. Endorsed to plaintiff. The defendant objected on the ground that the note was assets of the estate of Berry, and as such could only be collected and administered by his administrator. Judgment for plaintiff.
1Opinion of the CourtWheeler, J.
It cannot be questioned that the assignment *373of the note by the payee, passed to the plaintiff, as assignee, the legal title. (Gayle et al. v. Ennis et al. 1 Tex. R. 184.) And that the party in whom, is the legal title may sue, though the equitable ownership be in another, has long been a settled question in this Court. (Thompson v. Cartwright, Id. 87.) It is wholly immaterial to the plaintiffs’ right of action in this ease, in whom may reside the equitable ownership of the note; and surely that is a question in which the plaintiffs in error can have no interest. The writ of error was…
2Cited by11 opinions
- S. Jacobs, Bernheim & Co. v. CrumTexas Supreme Court · 1884
- Browne v. Fidelity & Deposit Co. of MarylandTexas Supreme Court · 1904
- Mauritz v. SchwindCourt of Appeals of Texas · 1937
- Neyland v. LanierCourt of Appeals of Texas · 1925
- Rodgers v. BassTexas Supreme Court · 1877
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