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2 Posey 283

Beatty v. Brooks

Texas Commission of Appeals

Decided July 1, 1880

Texas Commission of Appeals · decided 1880-07-01

Opinion by Walkek, J. Statement.—Appellee brought this suit as administrator of the estate of Joseph Pullen, deceased, against appellants, T. A. Galbraith and O. H. P. Culberson, on a note given by T. A. Galbraith, W. H. Beatty and O. H. P. Culberson to Eobert Toe on the 4th day of December, 1880, in part payment for lots 1, 2, 3, and 4, in block 5, in the Peter Kerr portion of the town of Burnet, in Burnet county; said note was fully described in the deed from Toe and wife,…

Decided 1880-07-01

¶1*285Opinion.— Hudson & Watson in the first place loaned the money to Galbraith to pay Yoe, the vendor, and Pullen loaned Galbraith the money to repay Hudson & Watson. The money loaned by Pullen represented the debt which Beatty owed for the lots, and Pullen was entitled to the benefit of the lien which his administrator sought in this suit to enforce. The terms of a written agreement dissolving the partnership between Beatty and Galbraith, made subsequently to the transaction between the parties to these, could not affect the liability of Beatty to Pullen or the note sued on.

¶2Affirmed.

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