Floyd v. Rust
Texas Supreme Court
Error from Wharton. Tried beloxv before the Hon. Wm. H. Burkhart. This suit was brought November 15, 1877, by defendant in error, J. Bust, administrator de bonis non of the estate of ¡M¡. S. Sfcith, deceased, against plaintiffs in error, O. A. Floyd, J. A. Hamilton and W. J. Goodsey, upon a note given by them for land purchased by Floyd at a sale made by the administrator, and to foreclose a mortgage thereon given by the purchaser.
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Error from Wharton. Tried beloxv before the Hon. Wm. H. Burkhart. This suit was brought November 15, 1877, by defendant in error, J. Bust, administrator de bonis non of the estate of ¡M¡. S. Sfcith, deceased, against plaintiffs in error, O. A. Floyd, J. A. Hamilton and W. J. Goodsey, upon a note given by them for land purchased by Floyd at a sale made by the administrator, and to foreclose a mortgage thereon given by the purchaser. The pleadings on both sides were voluminous, but as the case was disposed of on" one or two issues, it is sufficient to -give only the substance of the pleadings.…
1Opinion of the Court
Delany, J. Com. App.
The sixth clause of the judge’s charge was, that if FT. B. Floyd was indebted to the estate of Stith when he bought the De Graffenried claim, then he could not make a valid transfer to the defendant 0. A. Floyd, but was required to hold the claim subject to the settlement of his own account. There is no evidence in the record that FT. B. Floyd was indebted to the estate, and therefore we think this charge should not have been given. Dodd v. Arnold, 28 Tex., 97, and cases cited.
The same objection may be made to a part of the first clause, in which the jury are told to find…
2Cases cited6 opinions
- Crayton v. MungerTexas Supreme Court · 1852
- Swenson v. Administrators of WalkerTexas Supreme Court · 1848
- Dodd & Co. v. ArnoldTexas Supreme Court · 1866
- Atchison v. SmithTexas Supreme Court · 1860
- Dickenson v. McDermott's E'xorsTexas Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Patton v. AshworthCourt of Appeals of Texas · 1934