Pierce v. Baker
Court of Appeals of Texas
Appeal from District Court, Fannin County; Ben H. Denton, Judge. Suit by W. B. Pierce and another against 6. W. Baker, Jr. Judgment for defendant, and plaintiffs appeal. The suit was brought against the appellee by appellants, heirs at law of R. N. Pierce, deceased, to recover on a vendor’s lien noté for $1,000, dated December 24, 1918, and payable on or before January 1, 1920, to R. N. Pierce, and to foreclose the vendor’s lien against the land.
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Appeal from District Court, Fannin County; Ben H. Denton, Judge. Suit by W. B. Pierce and another against 6. W. Baker, Jr. Judgment for defendant, and plaintiffs appeal. The suit was brought against the appellee by appellants, heirs at law of R. N. Pierce, deceased, to recover on a vendor’s lien noté for $1,000, dated December 24, 1918, and payable on or before January 1, 1920, to R. N. Pierce, and to foreclose the vendor’s lien against the land. The appellee answered by general denial, and specially pleaded that he had fully paid all the principal and interest of the note during the month of…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The court submitted to the jury the sole issue in the case in the manner following:
“Question 1. Do you find from the evidence that the note sued on in this case has been paid by G. W. Baker, Jr.? (Answer Yes or No.) The burden of proof in on the plaintiffs to show by a preponderance of the evidence their right to recover in this case. You are the judges of the weight of the testimony and of the credibility of the witnesses.”
The appellant objected to and predicated error upon giving the instruction relative to “the burden of proof,” upon the ground that, the…
2Cases cited3 opinions
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3Cited by12 opinions
- First National Bank v. FordWyoming Supreme Court · 1923
- Berryman v. DoreIdaho Supreme Court · 1926
- Commercial Investment Trust, Inc. v. SmartTexas Supreme Court · 1934
- Gresham v. McElroyCourt of Appeals of Texas · 1958
- Baker v. PierceTexas Commission of Appeals · 1924
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