Legal Opinion

Alderete v. Mosley

Court of Appeals of Texas

Decided January 10, 1918No. 769PublishedCited by 3 opinions

Error from District Court, El Paso County ; Ballard Cold well, Judge. Suit by W. D. Mosley against I. Alderete and wife. To review a judgment for plaintiff, defendants bring error.

1Opinion of the CourtHarper, C. J.

This is a suit filed by W. D. Mosley against I. Alderete and wife upon a promissory note payable to said Mosley, and to foreclose deed of trust on a certain city lot.

The defendants answered that there was no consideration for the note; that it and the deed of trust were procured to be executed by fraudulent representations; and further that the property was their homestead at the time the deed of trust was executed.

Erom a judgment for plaintiff for the amount of the note, interest, and attorney’s fees, and foreclosing deed of trust, this appeal is perfected.

Several assignments attack the…

2Cases cited3 opinions

  1. King v. GillelandTexas Supreme Court · 1883
  2. Cline v. UptonTexas Supreme Court · 1882
  3. Dillingham v. EllisTexas Supreme Court · 1894

3Cited by3 opinions

  1. Gibraltar Savings Ass'n v. Franklin Savings Ass'nCourt of Appeals of Texas · 1981
  2. Payne v. LathamCourt of Appeals of Texas · 1928
  3. Gibraltar Savings Ass'n v. Franklin Savings Ass'nCourt of Appeals of Texas · 1981

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