Pipkin v. Kaufman & Runge
Texas Supreme Court
Appeal from Milam. Tried below before the Hon. W. E. Collard. This suit was brought by Kaufman & Eunge against H. S. Pipkin, to recover upon a promissory note a judgment of debt, and to foreclose a vendor’s lien retained in the note on nine hundred and eighty-four acres of land on the J. J. Acosta grant, “ particularly described in a deed of even date herewith, conveying said land to me,” . . . “to which deed reference is hereby made, 14th January, 1878,” and signed by H. S.…
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Appeal from Milam. Tried below before the Hon. W. E. Collard. This suit was brought by Kaufman & Eunge against H. S. Pipkin, to recover upon a promissory note a judgment of debt, and to foreclose a vendor’s lien retained in the note on nine hundred and eighty-four acres of land on the J. J. Acosta grant, “ particularly described in a deed of even date herewith, conveying said land to me,” . . . “to which deed reference is hereby made, 14th January, 1878,” and signed by H. S. Pipkin. Some credits on the note are alleged and allowed. Petition alleged that the note was given for purchase money…
1Opinion of the Court
Walker, P. J. Com. App.
The first ground of error relied on is that “ The court erred in overruling defendants’ motion for a new-trial, asked for upon the ground that the citation is defective in not correctly stating the nature of plaintiffs’demand, in this, that said citation describes the note sued on as being made the 14th day of January, A. D. 1878, and due and payable on the 1st day of January, A. D. 1878; whereas the note sued on was executed the 14th day of January, A. D. 1878, and due and payable on the 1st day of January, A. D. 1882, and thereby holding such citation sufficient to…
2Cases cited4 opinions
- Caldwell v. BrownTexas Supreme Court · 1875
- Watson v. NewshamTexas Supreme Court · 1856
- Shain v. SearcyTexas Supreme Court · 1857
- State v. LopezTexas Supreme Court · 1856
3Cited by10 opinions
- Peters v. AllenCourt of Appeals of Texas · 1927
- Hinzie v. KempnerTexas Supreme Court · 1891
- Cranfill Bros. Oil Co. v. StateCourt of Appeals of Texas · 1932
- Humphrey v. Beaumont Irrigating Co.Court of Appeals of Texas · 1906
- Borden v. City of HoustonCourt of Appeals of Texas · 1901
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