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: 180
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180 NICHOLAS V. IHESTER & CnAWFORD. [Term of
he had been the plaintiff, then, he having assigned the note
to Eason, Eason was entitled to recover for him whatever he,
Rgaltand, would have, as plaintiff, recovered for himself. That
was the legal effect of the assignment of the note, whether it
was based upon a valuable consideration or not, so far as the
defendant was concerned, and the jury should have been so instructed
in response to their question. The assignment of the
note was not contested either in the pleading or in the evidence,
and therefore it was legally impossible for the jury to
find, as by their question they supposed they could, that " the
"note is not Easons," for the purposes of this suit, so far as the
defendant was concerned. This illegal assumption, in volved
in the question of the jury, was not corrected, but rather confirmed
by the answer of the judge.
Believing that this charge in response to the question was
sufficient to mislead the jury from the real, to an immaterial
issue, upon which the case was made to depend, we think it a
good ground for a reversal of the judgment.
Judgment reversed and cause remanded.
Reversed and remanded.
L. NICHOLAS V. I. H. HESTER AND R. S. CRAWFORD.
JUDGMENT LIEN. The Act of Nov. 9th, 1866 (Pas. Dig., Art. 7005), gave a
lien from the date of its passage, upon the land of the judgment debtor,
liable to execution, situate in the county where the judgment was ren
dered, if executions had issued upon it to prevent it from becoming
APPEAL from De Witt. Tried below before the Hon. D.
II. Clay Pleasalts, for appellant, cited 1 Kent, 514; Butler
v. Dunnigan, 19 Tex., 565.
W... S. Friend, for appellee.
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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/m1/188/: accessed May 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .