Morris v. Montgomery
Texas Commission of Appeals
Appeal from Washington county. Opinion by Walker, J. Statement.—William J. and Thomas A. Montgomery brought suit on the 27th of June, 1876, against A. E. Morris on a note for §248, payable to the plaintiffs, made by the defendant, dated February 26, 1875, due on the 1st day of ¡November, 1875, which note recited on its face that the consideration was a bill for lumber purchased of plaintiffs’ a-gent to build a house occupied by him as a homestead.
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Appeal from Washington county. Opinion by Walker, J. Statement.—William J. and Thomas A. Montgomery brought suit on the 27th of June, 1876, against A. E. Morris on a note for §248, payable to the plaintiffs, made by the defendant, dated February 26, 1875, due on the 1st day of ¡November, 1875, which note recited on its face that the consideration was a bill for lumber purchased of plaintiffs’ a-gent to build a house occupied by him as a homestead. Petition prayed for a judgment for the amount of the note and to foreclose their alleged builder’s lien upon thirty-one and sixty-nine…
1Opinion of the Court
Opinion.— There being no statement of facts in the record, the presumption is that the evidence was sufficient to warrant the judgment (see 2 Tex., 292, 447; 5 Tex., 512; 1 Tex., 93, 192); and in the absence of a statement of facts, everything will be presumed to have been proved by the successful party which could have legally been proved under the issues to entitle him to recover. Peel v. Schofield. The plaintiff’s petition, as amended, in terms excludes the idea of defendant’s right to the property in question, for it alleged that it belonged to L. W. Morris, and no authority is alleged to…
2Cases cited5 opinions
- James v. FulcrodTexas Supreme Court · 1851
- Magee v. WhiteTexas Supreme Court · 1859
- Burton v. AndersonTexas Supreme Court · 1846
- Parks v. WillardTexas Supreme Court · 1846
- Duffield v. BodineTexas Supreme Court · 1847