Erskine v. Wilson
Texas Supreme Court
Error from Guadalupe. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error against plaintiff in error, commenced April 10th, 1854, on a promissory note of the defendant for $1197, dated November 28th, 1840, payable to Winston L. Reausseau.
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Error from Guadalupe. Tried below before the Hon. Thomas H. DuVal. Suit by defendant in error against plaintiff in error, commenced April 10th, 1854, on a promissory note of the defendant for $1197, dated November 28th, 1840, payable to Winston L. Reausseau. The petition alleged that on the 22d day of September, 1847, John Reausseau, the only heir at law and legal representative of the said Winston L. Reausseau, who had, previous to the said 22d day of September, 1847, departed this life, assigned and transferred to plaintiff all the right, title, interest and claim that he, the said John…
1Opinion of the Court
Wheeler, J.*
The plaintiff claims title to the note by virtue of an assignment from the sole heir and legal representative of the payee. His right to recover depends upon the truth of his allegations, which were put in issue by the general denial. Had the heir brought suit upon the note, claiming thus by a derivative title, as heir, he must have proved the death of the ancestor, the payee, and that he was the heir, to entitle him to recover in that right. The same burden of proof rests upon the plaintiff, as his assignee. Moreover, the note having been lost, the defendant was not required to…
2Cited by8 opinions
- Lindsey v. RoseCourt of Appeals of Texas · 1915
- Telluric Co. v. BramerWest Virginia Supreme Court · 1915
- Fort Worth & Denver City Railway Co. v. McAnultyCourt of Appeals of Texas · 1894
- Kavanaugh v. DaySupreme Court of Rhode Island · 1873
- Belote v. EnochsCourt of Appeals of Texas · 1939
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