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: 489
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1875.] HOUSE & Co. AND BURNETT V. COLLINS. 489
Statement of the case.
4. That House then authorized him to prosecute said suit,
and appropriate the proceeds to his own use.
5. That the note was originally acquired by the intervenor
for a valuable consideration.
6. That there was no fraud in any part of the transaction and
7. That he is the legal and equitable owner of said judgment,
and that it was unpaid.
A general demurrer and denial were filed to the petition of
At this stage of the proceedings Collins died, and his wife,
becoming his executrix, was made a party defendant.
In September, 1869, Mrs. Collins, the executrix, filed
another general demurrer to the intervenor's petition, and also
1. That Thomas Collins never indorsed the note; and
2. That he never was served with process in the original
This plea is under oath.
The executrix then filed a plea in reconvention, alleging:
1. That the intervenor fraudulently instituted the original
suit, well knowing that Collins was not responsible for said
2. That the intervenor fraudulently caused it to be made to
appear that Collins had been duly served in the original suit,
when, in fact, he never had any notice of it.
3. That by reason of the premises, the executrix had
incurred attorney's fees reasonably worth five hundred dollars.
4. That, "by reason of the foregoing premises, she [the
"executrix] has been greatly vexed in mind and harassed, and,
"by reason thereof, has suffered damages in the sum of one
"thousand dollars to the said estate of Thomas Collins, de"ceased."
The cause then proceeded, but resulted in a mistrial.
The intervenor excepted generally to the answers of the
executrix, and also specially because:
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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/m1/497/: accessed April 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .