Miller v. Guaranty Trust & Banking Co.
Court of Appeals of Texas
Appeal from District Court, El Paso County; P. R. Price, Judge. Action by the Guaranty Trust & Banking Company and others against Adelle Miller and others. From the judgment rendered, defendant named, by her guardian ad litem and next friend, W. H. Anderson, appeals.
1Concurrence
HARPER, O. J.
(concurring). I am now strongly inclined to the opinion, though I do not dissent, that th'e facts of this case show title in Cooley by reason of assignments by contract from Brown to Burton-Lingo Company and from the latter to the Guaranty Trust & Banking Company of the original Brown notes and mechanic’s lien, and last, by judicial sale by the receiver to him, made,under order of the court and duly confirmed, and cannot be collaterally attacked. Guaranty State Bank & Trust Co. v. Thompson, 195 S. W. 960. That the equitable doctrine of subrogation in its true sense does not…
2Cases cited1 opinion
- Guaranty State Bank & Trust Co. v. ThompsonCourt of Appeals of Texas · 1917