Legal Opinion

Pierson v. Beard

Court of Appeals of Texas

Decided December 9, 1915No. 1524. [fn*]PublishedCited by 9 opinions

Action by P. O. Beard and others against L. B. Pierson and others. From a judgment for plaintiffs, defendants appeal. February 23, 1911, D. C. Graver sold and conveyed certain land in Harrison county to appellees E. Thadd Post, H. L. Ferguson, and R. L. George, -who, in payment therefor, executed and delivered' to him their two promissory notes, dated said February 23, 1911, for $829.33 each, payable to said Craver’s order, one in one and the other in three years after its…

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Action by P. O. Beard and others against L. B. Pierson and others. From a judgment for plaintiffs, defendants appeal. February 23, 1911, D. C. Graver sold and conveyed certain land in Harrison county to appellees E. Thadd Post, H. L. Ferguson, and R. L. George, -who, in payment therefor, executed and delivered' to him their two promissory notes, dated said February 23, 1911, for $829.33 each, payable to said Craver’s order, one in one and the other in three years after its date. To secure the payment of the notes a vendor’s lien was expressly retained on the land. Afterward it (the land) was…

1Opinion of the CourtWillson, C. J.

(after stating the facts as above). [1] It is insisted that the issuance of citations to and service thereof on appellants L. B. Pierson and Sylvia White in Bexar county was unauthorized, because it was alleged in Beard’s petition that they were residents of Cameron county, and it did not appear that citations to that county had been issued and not returned or had been returned not served. The contention is supported by Bean v. McQuiddy, 1 White & W. Civ. Cas. Ct. §§ 52, 53, and Duer v. Endres, 1 White & W. Civ. Cas. Ct. § 322, decided on the authority of Ward v. Lattimer, 2 Tex. 245. In the…

2Cases cited5 opinions

  1. Covington v. BurlesonTexas Supreme Court · 1866
  2. Noel v. ClarkCourt of Appeals of Texas · 1901
  3. Trimble v. MillerTexas Supreme Court · 1859
  4. Lauderdale v. R. & T. A. Ennis Stationery Co.Texas Supreme Court · 1891
  5. Fort Worth & Denver City Ry. Co. v. HaglerCourt of Appeals of Texas · 1905

3Cited by9 opinions

  1. Akin v. First Nat. Bank of BridgeportCourt of Appeals of Texas · 1917
  2. Artex Refining Co. v. Pollard & LawrenceCourt of Appeals of Texas · 1939
  3. Buchanan v. HunterCourt of Appeals of Texas · 1929
  4. Winter v. DavisCourt of Appeals of Texas · 1928
  5. Akin v. First Nat. Bank of BridgeportCourt of Appeals of Texas · 1917

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