Skaggs v. Murchison & Coleman
Texas Supreme Court
Appeal from Henderson. Tried below before the Hon. Felix J. McCord. Appellees brought suit in the district court of Henderson county, Texas, against Skaggs on an open mercantile account for $5,113.65, claiming a balance due of $1,746, and sought to foreclose a mortgage on two thousand four hundred and eighty-nine acres of land in Henderson county.
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Appeal from Henderson. Tried below before the Hon. Felix J. McCord. Appellees brought suit in the district court of Henderson county, Texas, against Skaggs on an open mercantile account for $5,113.65, claiming a balance due of $1,746, and sought to foreclose a mortgage on two thousand four hundred and eighty-nine acres of land in Henderson county. The petition alleged that Skaggs was a resident of Caldwell county, Texas; that as collateral security for the payment of said indebtedness said defendant gave the deed of trust on the land for the purposes indicated in the syllabus. “That defendant…
1Opinion of the Court
Delany, J. Com. App.
Many questions are raised by the assignments of error and discussed in the brief of counsel for appellant. First among these is that of jurisdiction; for if the court below had no jurisdiction over the person of the defendant, the whole case is at an end. This will depend upon the question whether the mortgage for $2,000, given by the defendant in December, 1881, was still subsisting and binding upon him. If so, the court could take jurisdiction and foreclose it, as the land lay in Henderson county. But if the mortgage was paid off and discharged before the tiling of this…
2Cases cited1 opinion
- Reese v. MedlockTexas Supreme Court · 1863
3Cited by14 opinions
- Frost v. Erath Cattle Co.Texas Supreme Court · 1891
- Teagarden v. PattenCourt of Appeals of Texas · 1908
- Bourland v. HuffhinesCourt of Appeals of Texas · 1924
- Wisdom v. WilsonCourt of Appeals of Texas · 1910
- Henry v. LaneCourt of Appeals for the Fifth Circuit · 1904
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