32 Tex. 452 | Tex. | 1870
On a proceeding in partition between the heirs of John Mm’chison, deceased, certain lands which had belonged to deceased and descended to his children were sold. The plaintiff in error became the purchaser. The defendant in error, Gregory, had been appointed guardian of the property
Gregory brought his suit on the note of Zachary and others, on the 24th of January, 1860, and the defendants below denied his right to sue and recover on the note, alleging that by the marriage of certain of the daughters of John Hurchison, deceased, and the majority of his son, Gregory was no longer the guardian of their property. This defense was overruled by the District Court, and a judgment was given on the note, with an order of foreclosure. The defendants excepted, and assign for error that the court erred in refusing them a continuance to make the heirs of Hurchison (who had attained their majority before suit) parties, and that the judgment was contrary to law and evidence.
The right of Gregory to sue on the note and to recover on it, has been long settled in the courts of this State. The decisions commence with the case of Thompson v. Cartwright, 1 Texas R., p. 87, and run on through to the case of Winebish v. Holt, 26 Texas R., p. 673. There is no doubt that the legal holder of a promissory note may maintain an action upon it in his own name, though the equitable ownership of the note be in another. Had the defendants below really and
The law of the case is so plainly against the plaintiff in error, that we feel bound to regard the case as one for delay, and therefore affirm the judgment below with damages.
Affirmed with damages.