Delespine v. Campbell
Texas Supreme Court
Appeal from Anderson. Tried below before the Hon. John G. Scott. This was a suit brought by Delespine and wife to set aside a sale, charging that one Richard' H. Wren, on the 13th January, 1861, made his two promissory notes, each for the sum of $1,347.32, the one due 1st March, 1862, with interest at 10 per cent, from 1st January, 1862, and the other due 1st March, 1863, with interest at 10 per cent, from 1st January, 1863, both payable to the order of George B. and…
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Appeal from Anderson. Tried below before the Hon. John G. Scott. This was a suit brought by Delespine and wife to set aside a sale, charging that one Richard' H. Wren, on the 13th January, 1861, made his two promissory notes, each for the sum of $1,347.32, the one due 1st March, 1862, with interest at 10 per cent, from 1st January, 1862, and the other due 1st March, 1863, with interest at 10 per cent, from 1st January, 1863, both payable to the order of George B. and Benjamin Campbell; that the first note was transferred to the appellants, and that a mortgage was given by Wren on the land for…
1Opinion of the Court
Moore, Associate Justice.
This litigation would have been avoided, the rights of the parties more speedily and satisfactorily ascertained and adjusted, if .either appellants or appellee, Campbell, had, as evidently they should have done, asked the court to pass upon and determine their respective rights under the mortgage in their suits against Wren on the notes for the security of which the mortgage was given. There can be no doubt that both Delespine and Campbell were fully cognizant of the rights claimed by the other under the mortgage which they were mutually seeking to foreclose. All…
2Cases cited4 opinions
- Vanderkemp v. SheltonNew York Court of Chancery · 1844
- State Bank v. TweedyIndiana Supreme Court · 1847
- Haines v. BeachNew York Court of Chancery · 1818
- Cooper v. MartinCourt of Appeals of Kentucky · 1833
3Cited by14 opinions
- Cannon v. McDanielTexas Supreme Court · 1876
- Robertson v. GuerinTexas Supreme Court · 1878
- Salmon v. DownsTexas Supreme Court · 1881
- Pierson v. PiersonTexas Supreme Court · 1941
- Willis v. GrafCourt of Appeals of Texas · 1923
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