Legal Opinion

Cooley v. Miller

Texas Commission of Appeals

Decided March 16, 1921No. 204-3283PublishedCited by 33 opinions

Error to Court of Civil Appeals of Eighth Supreme Judicial District. Action by the Guaranty Trust & Banking Company and others against Adelle Miller and others, in which Winchester Cooley intervened. From a judgment of the Court of Civil Appeals (207 S. W. 642), which reformed and affirmed a judgment for plaintiff in favor of the intervener, he brings error.

1Opinion of the Court

McCLÉNDON, P. J.

Mark and Adelle Miller, husband and wife, on February 12, 1904, executed a mechanic’s lien upon two lots in the city of El Paso, their community property and homestead, in favor of H. F. Brown, to secure four notes of $500 each, due in one, two, three, and four years, respectively. Brown transferred the notes and lien to Bur-ten-Lingo Company, and the latter in 1908 brought suit against Miller and wife, in cause No. 7388, for the balance then due and unpaid on the notes and to foreclose the mechanic’s lien. While Mrs. Miller was made a party to this suit, she was not served…

2Cases cited11 opinions

  1. City of San Antonio v. BerryTexas Supreme Court · 1898
  2. Jergens v. SchieleTexas Supreme Court · 1884
  3. Childress v. RobinsonCourt of Appeals of Texas · 1913
  4. Brown v. HumphreyCourt of Appeals of Texas · 1906
  5. Breath v. FlowersCourt of Appeals of Texas · 1906

6 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Cooper v. Texas Gulf Industries, Inc.Texas Supreme Court · 1974
  2. Madison v. MartinezCourt of Appeals of Texas · 1931
  3. Gonzales v. GonzalesCourt of Appeals of Texas · 1949
  4. Kubena v. HatchTexas Supreme Court · 1946
  5. Harris v. MayfieldTexas Commission of Appeals · 1924

28 more not listed; retrieve them via the Exa API.

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