DeCordova v. Atchison

Decided July 1, 1855

Texas Supreme Court · decided 1855-07-01

Error from Harris. Action by the appllee on the following note: Houston, July 1,1851. Twelve months after date, I promise to pay to the order of John Dobbin, administrator of the estate of A; W. Berry, four hundred dollars, being the purchase money for one league and labor of land in the name of Juan Jose Tasseda, purchased at the sale of the property of A. W. Berry. J. DeCORDOVA. Endorsed to plaintiff.

Good law ✅— No negative treatment on recordhow we know

Decided 1855-07-01

How this case has been cited

Cited by 6 later decisions — most recently June 1939

6 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Wheeler, J.

¶1It cannot be questioned that the assignment *373of the note by the payee, passed to the plaintiff, as assignee, the legal title. (Gayle et al. v. Ennis et al. 1 Tex. R. 184.) And that the party in whom, is the legal title may sue, though the equitable ownership be in another, has long been a settled question in this Court. (Thompson v. Cartwright, Id. 87.) It is wholly immaterial to the plaintiffs’ right of action in this ease, in whom may reside the equitable ownership of the note; and surely that is a question in which the plaintiffs in error can have no interest. The writ of error was manifestly pros» edited for delay only, and the judgment is affirmed with damages.

¶2Affirmed with damages.