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: 175
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1875.] EASoN v. LOCHERER. 175
Statement of the Case.
and who was one of the grantors and warrantors in the deed,
willingly permitted the property to be sold, and procured it to
be bought in for his own use and benefit, and continued to
occupy it as before.
Defendant also pleaded several amounts in set-off and reconvention.
Among these was the sum of two hundred and
sixty-seven dollars, and seventy-four cents, the amount of an
open account against Ragland, accrued after the execution of
the note. The main item of set-off was the sum of one thousand
seven hundred and forty-four dollars and fifty-four cents,
claimed to have been due from Ragland to Coller, and which,
according to the paper filed, purported to have been transferred
by Coller to Locherer on the 6th day of August, 1866. The
greater part of this claim was based on an alleged balance
against Ragland on the partnership books, in 1862, which the
plaintiff alleged was a balance due in confederate money, and
which had been settled before the execution of the note sued on.
In regard to the transfer of the note to Eason, the evidence
was to the effect that Ragland took the note, with other claims,
to Eason, and said he wished to transfer then to him; that he
wished to ward off some creditors, whose claims he did not
consider just, until he could effect a compromise with them.
That, at the same time, he mentioned to Eason that he owed
him for board of himself and family, andI that he wished Eason
to pay himself out of the claims. That all the claims, except
this note, either proved worthless, or were afterwards returned
to Ragland. Eason's claim for board was about six hundred
dollars, and he receipted for it when he received the transfer
of the claims.
After the retirement of the jury, they sent into court the
"' To the Judge: If your Honor please, the jury would like
' to know, in case they find the note is not Easor's, can the
jury find for Ragland ?"
Whereupon the court had tlhe jury brought in, and instructed
them as follows:
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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/m1/183/: accessed July 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .