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: 178
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178 EASON v. LOCHERER. [Term of
Opinion of the Court.
Locherer knew very little about these transactions, having left it
all to be managed by his step-son, Coller, who took possession
of the house and lot, when the note was given in 1866, and has
lhad the entire use of it ever since. Coller became a bankrupt
in 1868, and though a joint Inaker with Locherer, was not sued
in this action. Another offset claimed was, in the loss of the
house and lot, deeded with full warranty of title from Ragland
& Collier to Locherer, by its being sold and bought by Coffe,
under an execution against Ragland & Coller, founded on a
judgment, that constituted a lien at the time of the execution
of the deed and note. The evidence shows that Coffe bought
in the lot at a very reduced price for Coller.
The validity of these defenses depends upon the construction
to be put upon the facts, and the presumptions reasonably
deducible from them.
As to the first-named account, due from Ragland directly to
Locherer, there seems to be no controversy.
As to the balance, upon the settlement of the partnership in
1862, the questions are, was it a balance due in Confederate
money, and if so, what was it worth; and was it not regarded
as closed and settled when Coller & Locherergave their note to
Ragland in part payment for his half interest in the house and
lot in 1866, which was the last piece of property belonging to
the firm of Ragland & Coller, the object of said sale being to
divide the value of the same, their other joint effects having
been divided when they dissolved their partnership
and quit business in 1862? If so, it would not be a valid
As to the partnership debts paid by Coller after giving the
note, including the judgment under which Coffe bought in
the house and lot for Coller, the questions are, first, is not
Loeherer holding the legal title to the house and lot for the
benefit of Coller ? and second, wIas not the sale of the half-interest
of the same from Ra-Tland to Coller intended to be a final
settlement, and division of their partnership interests in all
respects, both parties lhvi'ng equal knowledgee of the lien, and
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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/m1/186/: accessed January 17, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .