Morrison v. Bean
Texas Supreme Court
Error from Gonzales. The ease was tried before Hon. Fielding Jones, one of the district judges. Bean sued Morrison and wife and Wintz, upon a note executed by Morrison to Wintz, for $3,025 50, and indorsed by Wintz to Bean, On the 18th August, 1854. Bean also prayed to foreclose a mortgage executed by Morrison and wife upon certain land and slaves to secure said note.
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Error from Gonzales. The ease was tried before Hon. Fielding Jones, one of the district judges. Bean sued Morrison and wife and Wintz, upon a note executed by Morrison to Wintz, for $3,025 50, and indorsed by Wintz to Bean, On the 18th August, 1854. Bean also prayed to foreclose a mortgage executed by Morrison and wife upon certain land and slaves to secure said note. Morrison sets up in his answer that this note and mort- . gage were given to Wintz in payment of a number of horses, which, unknown to Morrison, were fatally diseased at time of sale, and that Wintz, being in the possession of…
1Opinion of the CourtBell, J.
—We are of opinion that there is no error in the judgment.
It is contended by the counsel for the plaintiff in error, that the transcript of the proceedings in the injunction suit of Morrison v. Wintz ought to have been admitted in evidence, for the purpose of showing when the injunction was granted, and as the necessary foundation of further *445proof "by the defendants below. When the transcript of the injunction suit was offered in evidence by the defendants, the plaintiff had closed his testimony, and it was already shown to the court that the note and mortgage sued on were assigned to the…
2Cited by3 opinions
- Hickcock's Sons v. BellTexas Supreme Court · 1877
- Hart v. RussellTexas Supreme Court · 1869
- Hutcheson v. ClipperTexas Commission of Appeals · 1881