Pitluk & Meyer v. Butler
Court of Appeals of Texas
Appeal from Smith County Court; Jas. F. Odom, Judge. Action by Pitluk & Meyer against Powell Butler and others. From a judgment for plaintiffs granting insufficient relief, they appeal. The suit was against appellee Powell Butler on a note executed by him to appellants, and against all three appellees, to foreclose a chattel mortgage lien on personalty given by Butler to secure payment of the note.
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Appeal from Smith County Court; Jas. F. Odom, Judge. Action by Pitluk & Meyer against Powell Butler and others. From a judgment for plaintiffs granting insufficient relief, they appeal. The suit was against appellee Powell Butler on a note executed by him to appellants, and against all three appellees, to foreclose a chattel mortgage lien on personalty given by Butler to secure payment of the note. The judgment of the court was against the maker of the note for the debt and with a foreclosure of the chattel mortgage lien on all the property claimed in the suit under the mortgage except a mule…
1Opinion of the CourtLevy, J.
(after stating the facts as above). [2, 3] It is the contention of appellants that they were also entitled, under the evidence, to have a foreclosure of their chattel mortgage lien on the mule colt against all the parties, and that it was error to have denied it. The identity of the property purchased being conclusively shown, the question remaining between the parties was whether Lydie and Alexander took the property subject to the chattel mortgage, or whether the lien was void, against them on the ground that the property was not sufficiently described ; and the question becomes one purely…
2Cases cited6 opinions
- Scaling v. First National BankCourt of Appeals of Texas · 1905
- Ames Iron Works v. ChinnCourt of Appeals of Texas · 1896
- Boykin v. Rosenfield & Co.Texas Supreme Court · 1887
- Lightle v. CastlemanSupreme Court of Arkansas · 1889
- Garrett & Co. v. JoseyCourt of Appeals of Texas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Burlington State Bank v. Marlin Nat. BankCourt of Appeals of Texas · 1918
- Conley v. Dimmit County State BankCourt of Appeals of Texas · 1915
- Farmers' & Merchants' Nat. Bank v. JonesCourt of Appeals of Texas · 1923
- H. O. Wooten Grocer Co. v. Wade Meat Co.Court of Appeals of Texas · 1931
- Maloney v. GreenwoodCourt of Appeals of Texas · 1916
3 more not listed; retrieve them via the Exa API.