Bandy v. Cates
Court of Appeals of Texas
A finding of fact as to what issues were determined by a former judgment will not be reviewed in the absence of an assignment of error in such finding. 2. —Same—Question of Fact—Burden of Proof.
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A finding of fact as to what issues were determined by a former judgment will not be reviewed in the absence of an assignment of error in such finding. 2. —Same—Question of Fact—Burden of Proof. Where the record does not disclose whether or not a particular matter was determined by a former judgment it is incumbent upon the party relying thereon, as an adjudication of such matter, to show by evidence aliunde that it was, in fact, determined. • 3. —Former Adjudication—Foreclosure—Limitation—Validity of Debt. In a suit to recover a debt and foreclose a mortgage securing it, where limitation as…
1Opinion of the Court
KEY, Associate Justice.
This case involves but two questions, one being the law of res adjudicata and the other the law of election. Appellee and parties under whom appellant claims have heretofore engaged in litigation upon a state of facts disclosed by a decision of the Dallas Court of Civil Appeals, as reported in Cates v. Field, 85 S. W. Rep., 52, and the same case decided by the Supreme Court in 99 Texas, 87 S. W. Rep., 1149. After that case was finally decided, John C. Brown? conveyed the property in controversy to W. J. Ewing, and Ewing conveyed it "to Geo. B. Bandy by deed dated June…
2Cases cited7 opinions
- Morris v. . RexfordNew York Court of Appeals · 1859
- Fievel v. ZuberTexas Supreme Court · 1887
- Goldfrank, Frank & Co. v. YoungTexas Supreme Court · 1885
- Kinney v. . KiernanNew York Court of Appeals · 1872
- Cook v. BurnleyTexas Supreme Court · 1876
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