Rogers v. Blum
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. Green J. Clark. Suit filed on the 2d day of July, 1879, by appellees against appellant T. S. Rogers, as indorser of a promissory note for $2,000, executed by Y. M. Kelly to T. S. Rogers, and indorsed by the latter to appellees. Judgment against the estate of Y. M. Kelly had been previously rendered.
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Appeal from Hopkins. Tried below before the Hon. Green J. Clark. Suit filed on the 2d day of July, 1879, by appellees against appellant T. S. Rogers, as indorser of a promissory note for $2,000, executed by Y. M. Kelly to T. S. Rogers, and indorsed by the latter to appellees. Judgment against the estate of Y. M. Kelly had been previously rendered. This last suit was delayed in its progress by the deaths of defendants Y. M. Kelly and J. S. Kelly, and the necessity of making their representatives parties. The judgment was against Y. M. Kelly’s estate for the amount of debt and costs, and…
1Opinion of the Court
Stayton, Associate Justice.
The appellant has no legal ground to claim that he was released from his liability as indorser of the promissory note sued upon by the failure of the appellees to enforce the vendor’s lien -which arose upon the sale of the “mill property ” by J. S. Kelly and himself to Y. M. Kelly, as a superior lien to that held by the holders of the promissory notes executed by Y. M. Kelly to Graham and Taylor for the purchase money of said property.
*6Notwithstanding Graham and Taylor took other security than the “mill property ” for the payment of the purchase money therefor, the…
2Cited by11 opinions
- Hamblen v. FoltsTexas Supreme Court · 1888
- Russell & Seisfeld v. KirkbrideTexas Supreme Court · 1884
- Hale v. Baker & RiceTexas Supreme Court · 1883
- Joiner v. PerkinsTexas Supreme Court · 1883
- Meyer, Bannerman & Co. v. SmithCourt of Appeals of Texas · 1893
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