Delespine v. Campbell
Texas Supreme Court
Appeal from Anderson. Tried below before tbe Hon. Bichard S. Walker. On June 5,1878, Delespine and wife filed their first original amended petition against George B. Campbell, A. L. Pearson, Susan B. B. Pearson, (his wife,) B. H. Wren, and John A. Matthews, alleging, in substance, that on January 31,1861, B. II. Wren made and delivered to George B. Campbell two promissory notes for $1,347.32 each, payable to the order of George B. and Ben.
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Appeal from Anderson. Tried below before tbe Hon. Bichard S. Walker. On June 5,1878, Delespine and wife filed their first original amended petition against George B. Campbell, A. L. Pearson, Susan B. B. Pearson, (his wife,) B. H. Wren, and John A. Matthews, alleging, in substance, that on January 31,1861, B. II. Wren made and delivered to George B. Campbell two promissory notes for $1,347.32 each, payable to the order of George B. and Ben. Campbell, one due March 1, 1862, with ten per cent, interest from January 1, 1862, the other due March 1,1863, with ten per cent, from January 1,1863; that…
1Opinion of the CourtBonner, Associate Justice
The first error assigned in this case is, that “ the court erred in holding that J. H. Benson, guardian of the estate of the minor, W. F. Coleman, under whom the defendant Matthews claims title to the land described in the plaintiffs’ pleadings, and in the judgment herein, was an innocent mortgagee of said land without notice of any of the equities existing between the defendant Campbell and the plaintiffs, H. A. and M. E. Del espine.”
It was held in this case on former appeal, and in other cases, that if the owner of one of two promissory notes, secured by a lien upon land, sues to enforce or…
2Cases cited8 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Blankenship v. DouglasTexas Supreme Court · 1862
- Jones v. McMahanTexas Supreme Court · 1868
- Robertson v. GuerinTexas Supreme Court · 1878
- Cravens v. WilsonTexas Supreme Court · 1877
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3Cited by17 opinions
- Travelers Insurance v. MarshallTexas Supreme Court · 1934
- McKamey v. ThorpTexas Supreme Court · 1884
- Sharber v. FlorenceTexas Supreme Court · 1938
- Lawson v. WarrenSupreme Court of Oklahoma · 1912
- W. M. Cason & Bro. v. ConnorTexas Supreme Court · 1892
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