Ball v. Hill
Texas Supreme Court
Appeal from Walker. Tried below before the Hon. J. R. Burnett. The appellee filed an application in the District Court of Walker county on the eleventh day of July, 1871, alleging that he was the holder and owner of a note, executed by his intestate on the sixth day of August, A. D. 1856, to W. A. Leigh, for two thousand dollars, due on the first day of January, 1857; that said note was by said Leigh transferred to J. C. & S. R. Smith, and by them to appellee ; that said…
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Appeal from Walker. Tried below before the Hon. J. R. Burnett. The appellee filed an application in the District Court of Walker county on the eleventh day of July, 1871, alleging that he was the holder and owner of a note, executed by his intestate on the sixth day of August, A. D. 1856, to W. A. Leigh, for two thousand dollars, due on the first day of January, 1857; that said note was by said Leigh transferred to J. C. & S. R. Smith, and by them to appellee ; that said note was, after being duly authenticated, allowed by W. F. Perrie, former administrator of said Ball’s estate, on the first…
1Opinion of the CourtWalker, J.
This is an action brought by the administrator de bonis non of Ball’s estate against his heirs to • turn them out of his homestead by virtue of a real or pretended vendor’s lien claimed by the plaintiff to secure a note for $2000 given by T. H. Ball, deceased, on the sixth of August, 1856, to W. A. Leigh, and due one year from date.
The suit was filed on the eleventh of July, 1871. The plaintiff claims to be the owner and holder of the note.
The note was transferred by Leigh to J. C. & S. R. Smith, and was ^allowed as a claim against the estate of Ball by W. F. Perrie, a former administrator,…
2Cases cited3 opinions
- Ross v. SmithTexas Supreme Court · 1857
- Merlin v. ManningTexas Supreme Court · 1847
- Merrill v. SmithTexas Supreme Court · 1858
3Cited by2 opinions
- Legg v. MorrowCourt of Appeals of Texas · 1933
- Warren v. Sigmond Rothschild Co.Court of Appeals of Texas · 1922