Phillips v. J. B. Watkins Land Mortgage Co.
Texas Supreme Court
Error to Court of Civil Appeals, Fifth District, in an appeal from Ellis County. The suit was by the J. B. Watkins Mortgage Co. for foreclosure of the lien of a deed of trust given by B. F. Blasingame upon 190 acres of land in Ellis County.
Read the full summary
Error to Court of Civil Appeals, Fifth District, in an appeal from Ellis County. The suit was by the J. B. Watkins Mortgage Co. for foreclosure of the lien of a deed of trust given by B. F. Blasingame upon 190 acres of land in Ellis County. The facts, as settled by the findings of the Court of Civil Appeals, may be condensed as follows: Blasingame executed his bond (the instrument sued on) for $2000—secured by deed of trust, Watkins trustee—to Dickinson, who afterwards transferred it to the Watkins Land and Mortgage Company, the property mortgaged being 1531 acres out of the Sloan survey and…
1Opinion of the Court
Appellant's first assignment of error is as follows: "The court erred in its order consolidating with this cause No. 3522, styled A.J. Loyd, administrator, v. Henry Dickenson et al., and in overruling plaintiff's objection thereto. 1st. Because no two of these suits were brought by the same plaintiff against the same defendants. 2d. Because no two of these suits were brought by the same plaintiff against several defendants. 3d. Because the two suits are for distinct and separate purposes, and cannot be joined. The plaintiff's cause of action is foreclosure against R.G. Phillips, and the cause…
2Cases cited7 opinions
- People v. WellsCalifornia Supreme Court · 1938
- Dikes v. MillerTexas Supreme Court · 1859
- Hanrick v. DoddTexas Supreme Court · 1884
- Sideck v. DuranTexas Supreme Court · 1887
- Jenkins v. CainTexas Supreme Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Taylor v. Higgins Oil & Fuel Co.Court of Appeals of Texas · 1928
- Miller v. DeahlCourt of Appeals of Texas · 1922
- Fisher v. Crescent Oil Co.Court of Appeals of Texas · 1915
- Taylor v. WilliamsTexas Supreme Court · 1908
- Graham's Estate v. StewartCourt of Appeals of Texas · 1929
13 more not listed; retrieve them via the Exa API.