Duggan v. Noell
Texas Supreme Court
Appeal from Comal. The case was tried before Hon. Geobge H. Noonan, one of the district judges. This was a suit brought originally in the district court of Guadaloupe county, by ¥m. T. Noel against Thomas H. Duggan, to recover the amount and interest due upon a note for $2,000 and also to foreclose a mortgage executed by Duggan to Noel to secure the payment of the note. Duggan died,'and in March, 1866, Ed. Duggan, his administrator, was made a party defendant.
Read the full summary
Appeal from Comal. The case was tried before Hon. Geobge H. Noonan, one of the district judges. This was a suit brought originally in the district court of Guadaloupe county, by ¥m. T. Noel against Thomas H. Duggan, to recover the amount and interest due upon a note for $2,000 and also to foreclose a mortgage executed by Duggan to Noel to secure the payment of the note. Duggan died,'and in March, 1866, Ed. Duggan, his administrator, was made a party defendant. At the April term, 1866, owing to the disqualification of the judge presiding, who had been of counsel in the case, the venue was…
1Opinion of the CourtMorrill, C. J.
Suit was instituted by Hoel against Duggan, on a note and mortgage against Duggan, who died during the pendency of the suit, and the suit was prosecuted against his administrator.
The surviving widow intervened, claiming the mortgaged property as her homestead. Judgment was given in favor of plaintiff against the succession for the debt, and also against both succession and the intervenor as to the subjecting the mortgaged property to the payment of the debt.
The administrator and intervenor both gave notice of appeal, but as no bond was given, and as no appeal is perfected without bond by any…
2Cited by5 opinions
- Bray v. StateTexas Supreme Court · 1874
- Camp v. Atlantic Refining Co.Court of Appeals of Texas · 1944
- Cornwell v. City of WatertownSouth Dakota Supreme Court · 1924
- Ainsworth v. StateCourt of Appeals of Texas · 1882
- Wolff v. CarterTexas Supreme Court · 1871