Graham v. Vining
Texas Supreme Court
Appeal from Ned Diver County. This suit was instituted by appellant against the appellee as the administrator of the estate of John J. Vining, deceased, to foreclose a mortgage made upon the real estate by the intestate, on the 8th day of March, 1844, to secure the payment of a promissory note for $735.50. The petition was filed on the 28th day of February, 1845. On the 20th day of March, 1845, the defendant filed, his answer, demurring to the petition and assigning,…
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Appeal from Ned Diver County. This suit was instituted by appellant against the appellee as the administrator of the estate of John J. Vining, deceased, to foreclose a mortgage made upon the real estate by the intestate, on the 8th day of March, 1844, to secure the payment of a promissory note for $735.50. The petition was filed on the 28th day of February, 1845. On the 20th day of March, 1845, the defendant filed, his answer, demurring to the petition and assigning, specially, the four following causes of demurrer: 1st. That the petition contained no equity. 2d. That the heirs of the…
1Opinion of the CourtLipsoomb, J.
The appellant brought suit in tbe district court of Bed Biver county against tbe appellee as administrator, setting forth that tbe appellant’s intestate was justly indebted to him in $735.50; that to secure tbe payment of tbe said debt tbe said intestate bad executed a deed of mortgage on a certain piece of land in tbe town of Clarksville, Bed Biver county; that tbe time for tbe payment of tbe money is past — that it has not been paid. He prays that judgment be rendered in bis favor for his debt, interest and costs and for general relief. He brings tbe said deed of mortgage into court, and…
2Cases cited1 opinion
- Swindler v. PeyrouxSupreme Court of Louisiana · 1833
3Cited by10 opinions
- Blinn v. McDonaldTexas Supreme Court · 1899
- Taylor v. WilliamsTexas Supreme Court · 1908
- Harmon v. NofireSupreme Court of Oklahoma · 1928
- Buchanan v. WagnonTexas Supreme Court · 1884
- Dempsey v. GibsonCourt of Appeals of Texas · 1937
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