Hudson v. Childree
Court of Appeals of Texas
Appeal from District Court, Morris County; P. A. Turner, Judge. Action by John Hudson against S. C. Childree and others.
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Appeal from District Court, Morris County; P. A. Turner, Judge. Action by John Hudson against S. C. Childree and others. From a judgment for plaintiff against Childree and that he take nothing against J. W. Patterson, one of the defendants, plaintiff appeals. in February, 1910, the appellant agreed with S. C. Childree to lend him money, with the understanding at' the time that Childree was to secure the money loaned by a chattel mortgage on his crop. 'Beginning with the month of February, and on each succeeding month to September 3d, the appellant had advanced Childree money to the total…
1Opinion of the CourtLevy, J.
(after stating the facts as above). The assignment presents the point that appellant was entitled to have judgment against appellee Patterson for the value of- the cotton converted by him. The facts are admitted that appellee Patterson had seized and sold under execution two bales of cotton covered by a registered chattel mortgage to appellant, and appropriated the proceeds, less the rent, to his own benefit. And these facts authorized, it is not doubted, a recovery by appellant, unless, as argued by appel-lee, the note and mortgage to appellant were executed to hinder, delay, and defraud…
2Cases cited1 opinion
- Simmons Hardware Co. v. Kaufman & RungeTexas Supreme Court · 1888
3Cited by3 opinions
- Durden v. RolandCourt of Appeals of Texas · 1925
- General Motors Acceptance Corp. v. ByrdCourt of Appeals of Texas · 1986
- Durden v. RolandCourt of Appeals of Texas · 1925