Oak Cliff College for Young Ladies v. Armstrong
Citation | 50 S.W. 610 |
Parties | OAK CLIFF COLLEGE FOR YOUNG LADIES et al. v. ARMSTRONG. |
Decision Date | 11 February 1899 |
Court | Court of Appeals of Texas |
Appeal from district court, Dallas county; W. J. J. Smith, Judge.
Suit by Oscar Armstrong against the Oak Cliff College for Young Ladies and others. There was a decree for plaintiff, and defendants appeal. Affirmed.
This suit was instituted by Oscar Armstrong against Oak Cliff College, Oak Cliff College for Young Ladies, John W. Roach, and W. L. Diamond. It is based upon eight notes for $60 each, and each providing for interest and attorney's fees, charged to have been executed by Oak Cliff College August 1, 1895. It is alleged that they were given as part of the purchase price of seven pianos, and that a mortgage was given upon the pianos to secure the payment of the notes. It is charged that, while the Oak Cliff College and the Oak Cliff College for Young Ladies have separate and distinct charters, they are in fact one and the same corporation. It is alleged that the Oak Cliff College for Young Ladies, John W. Roach, and W. L. Diamond are setting up claim to the mortgaged property, and judgment is sought against the Oak Cliff College, and the foreclosure of the mortgage against all the defendants. No answer was filed by the Oak Cliff College. The other defendants answered, and their answers are stated in their brief as follows: The plaintiff filed supplemental pleadings, demurring generally and specially to defendants' pleadings making the American Well Works a party. These demurrers were sustained, and the American Well Works was dismissed from the suit. The case was then tried before a jury, and resulted in a verdict and judgment for the plaintiff against the Oak Cliff College for his debt, interest, and attorney's fees, and foreclosure of the mortgage as to all the defendants. From this judgment the defendants Oak Cliff College for Young Ladies, John W. Roach, and W. L. Diamond have appealed.
J. D. Fouraker, Morris & Crow, and Porter & Cohron, for appellants. Wharton & Young, for ap...
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...must prove not only a consideration advanced, but also that they had no notice of the unrecorded lien. In Oak Cliff College for Young Ladies v. Armstrong, Tex.Civ.App., 50 S. W. 610, the Court held that under Articles 5489 and 5490 there was a clear distinction between "creditors" and "subs......
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