Henderson v. Terry
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. W. E. Collard. September 7, 1883, appellants brought this suit to perpetually enjoin appellee Terry from enforcing against them an execution by virtue of a judgment rendered against one Oullins and appellants in favor of M. Terry, wherein a vendor’s lien was foreclosed, in cause No. 1559, claiming that the records in that case showed that Oullins was sued as principal, Beal as surety and Henderson as indorser of the note.
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Appeal from Milam. Tried below before the Hon. W. E. Collard. September 7, 1883, appellants brought this suit to perpetually enjoin appellee Terry from enforcing against them an execution by virtue of a judgment rendered against one Oullins and appellants in favor of M. Terry, wherein a vendor’s lien was foreclosed, in cause No. 1559, claiming that the records in that case showed that Oullins was sued as principal, Beal as surety and Henderson as indorser of the note. And that after suit brought, Mrs. Oullins made herself a party defendant and asserted certain defenses, etc., but that her…
1Opinion of the Court
Watts, J. Com. Apr.
Upon the trial below the court instructed the jury that Mrs. Cullins "was not in any way concluded or affected in either her separate property or homestead rights by reason of the foreclosure decree rendered in cause Ho. 1559, as she was not a party to that suit.
In reference to that case the record shows that the suit was brought by Terry against Cullins as principal, Beal as surety, and Henderson as indorser on the note. That Breeding, who was employed by Cullins to represent himself and Mrs. Cullins in the suit, applied to the court and obtained leave for Mrs. Cullins to…
2Cases cited4 opinions
- Baxter v. DearTexas Supreme Court · 1859
- Phillips v. HolmanTexas Supreme Court · 1862
- Fore v. ChandlerTexas Supreme Court · 1859
- Ector v. WigginsTexas Supreme Court · 1867
3Cited by8 opinions
- Koeber v. SomersWisconsin Supreme Court · 1901
- Webb v. BurneyTexas Supreme Court · 1888
- Herman v. SchlesingerWisconsin Supreme Court · 1902
- Texas & P. Ry. Co. v. SpannCourt of Appeals of Texas · 1915
- Edwards v. DenningtonCourt of Appeals of Texas · 1913
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