Legal Opinion

McDonald v. Miller

Texas Supreme Court

Decided January 18, 1897PublishedCited by 46 opinions

Petition for writ of error to the Court of Civil Appeals, Fifth District, in an appeal from Lamar County. McDonald was plaintiff in trial court, and appealed from a judgment for defendants, which was affirmed by the Appellate Court. He then applied for writ of error.

1Opinion of the Court

GAINES, Chief Justice.

We think the applicant, who was the plaintiff below and the appellant in the Court of Civil Appeals, was properly denied the relief sought by his petition; but since that conclusion is based upon different reasons than those given by the latter court, we think it proper to express our opinion upon the points presented.

The plaintiff, being an attaching creditor, brought this suit to redeem certain parcels of real-estate from certain liens which existed thereon, and which had been foreclosed without making him a party. The facts, briefly stated, are as follows: The…

2Cases cited13 opinions

  1. Silliman v. GammageTexas Supreme Court · 1881
  2. Ufford v. WellsTexas Supreme Court · 1880
  3. Hall v. HallTexas Supreme Court · 1854
  4. Buchanan v. MonroeTexas Supreme Court · 1858
  5. Templeman v. GreshamTexas Supreme Court · 1884

8 more not listed; retrieve them via the Exa API.

3Cited by46 opinions

  1. MATTHEWS TRUCKING CO. v. SmithTexas Supreme Court · 1984
  2. Estelle v. HartTexas Commission of Appeals · 1932
  3. Gamble v. MartinCourt of Appeals of Texas · 1912
  4. Reynolds v. HawsCourt of Appeals of Texas · 1987
  5. Citizens National Bank v. StraussCourt of Appeals of Texas · 1902

41 more not listed; retrieve them via the Exa API.

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