Hudson v. Childree

• Decision Date: 27 March 1913
• Parties: HUDSON v. CHILDREE et al.
• Court: Texas Court of Appeals

156 S.W. 1154

HUDSON v. CHILDREE et al.

Court of Civil Appeals of Texas. Texarkana.

March 27, 1913.

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. Affirmed as to Childree, and reversed and rendered against Patterson.

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 amount of $95. On September 3, 1910, Childree executed and delivered to appellant his note for the sum of $100, due November 1st following, and at the same time executed a chattel mortgage on his crop of cotton and corn grown on 13 acres of land to secure the payment of the indebtedness. At the previous request of appellant Childree placed the chattel mortgage of record in the county clerk's office on September 5, 1910. Childree was a tenant on the farm of K. E. Smith and was paying one-fourth of the cotton raised as rent for the premises. Appellant was a son-in-law of Childree, but did not live with him. Childree was indebted by note to appellee Patterson; the note was due in 1907; and just prior to the execution of the chattel mortgage Patterson asked Childree for the payment of the same or its security, and Childree did not agree to secure the same. About the 1st of September or the last of August, 1910, appellee Patterson filed a suit on the note in the justice court against Childree, obtained judgment on September 17th, and caused execution to be levied on two bales of cotton covered by the chattel mortgage to appellant. The two bales of cotton were sold under execution on October 17, 1910, and brought $122.08. The rent of one-fourth was paid by appellee Patterson to the landlord out of the proceeds of the sale, and the balance was applied by him on his judgment. Appellant thereafter sued Childree on the note and to have foreclosed the chattel mortgage, and appellee for the value of the cotton converted by him. The court rendered judgment for appellant against Childree for the amount of the note and that appellant take nothing against J. W. Patterson.

Henderson & Bolin, of Daingerfield, for appellant. Moore & Hart and P. A. Turner, all of Texarkana, for appellees.

LEVY, J. (after stating the facts as above).

The assignment presents the point that appellant was entitled to have judgment against appellee Patterson...