Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 174
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174 EASON v. LOCHERERE. [Term of
Statement of the Case.
Coller were partners in mercantile business, and owned a storehouse
and lot in Victoria. About September, 1868, they
closed up their business, sold out their remnant of goods, and
divided their notes and accounts, but continued to own the
storehouse and lot in common.
In August, 1S66, Coller negotiated the purchase of Ragland's
interest in this storehouse property, at the price of
two thousand five hundred dollars, specie. Thirteen hundred
dollars were paid about the time of the purchase, and for
the balance the note sued on was given. Ragland and Coller
conveyed to Locherer, and the note for the unpaid balance of
the purchase money was executed by Locherer and Coller.
Coller immediately took actual possession of the storehouse,
converted the upper story into a dwelling-house, and moved in
with his family. The evidence conduced to show that the purchase
of Ragland's interest was for Coller's benefit, and tlat
if Locherer had any interest it was simply to hold the title as
a security for money previously advanced to Coller, who was
The note was executed and dated August 3d, 1866, and was
payable to Ragland, or bearer, six months after date. On the
17th of August, Ragland assigned and transferred the note to
Eason, the plaintiff.
This was a suit by Eason to collect the note, and for that
purpose to enforce the vendor's lien.
Coller, having gone into bankruptcy, was not sued.
Various matters were alleged by way of defense. One was
that the transfer of the note by Ragland to Eason was not for
a valuable consideration, but was merely colorable; and was intended
to hinder and delay creditors. Another was that the
property had been sold by the sheriff upon execution against
Ragland & Coller, and that thereby IRagland's covenant of
warranty was broken, and the consideration of the note had
failed. But the evidence.conduced to show that only about
four hundred dollars currency was due upon the execution;
* that Coller who managed business for himself and Locherer,
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/182/: accessed October 17, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .