The Southwestern Reporter, Volume 27West Publishing Company, 1894 |
From inside the book
Results 6-10 of 81
Page 54
... mortgage , be shown on the land records like a mortgage ; so where a deed showed a vendor's lien , and thereafter a release from the vendor was recorded , a subsequent innocent mortgagee would hold against the vendor's lien , though the ...
... mortgage , be shown on the land records like a mortgage ; so where a deed showed a vendor's lien , and thereafter a release from the vendor was recorded , a subsequent innocent mortgagee would hold against the vendor's lien , though the ...
Page 55
... mortgage for it for valuable consideration , without notice , the lien could not be enforced as against such subsequent purchaser . Hence its negotiable quality does not govern as to the lien , but the law of notice becomes the ...
... mortgage for it for valuable consideration , without notice , the lien could not be enforced as against such subsequent purchaser . Hence its negotiable quality does not govern as to the lien , but the law of notice becomes the ...
Page 56
... Mortgage Bank , for it appeared that the person in whom the adverse claim had existed had re- leased it , and there was nothing to notify him that any other person had become en- titled to the lien . It was within the power of the ...
... Mortgage Bank , for it appeared that the person in whom the adverse claim had existed had re- leased it , and there was nothing to notify him that any other person had become en- titled to the lien . It was within the power of the ...
Page 57
... mortgage , there was any at- tempt to rectify the mistake in the instru- ment . It does appear , Lowever , that there was a decree foreclosing the mortgage upon the land in controversy in this suit , -presum- ably upon , both the ...
... mortgage , there was any at- tempt to rectify the mistake in the instru- ment . It does appear , Lowever , that there was a decree foreclosing the mortgage upon the land in controversy in this suit , -presum- ably upon , both the ...
Page 59
... MORTGAGE . 1. The defense that the deed under which plaintiff claims is a mortgage , and that the debt secured is barred by limitation , is avail- able without tender of the amount of the debt . Mann v . Falcon , 25 Tex . 276 , followed ...
... MORTGAGE . 1. The defense that the deed under which plaintiff claims is a mortgage , and that the debt secured is barred by limitation , is avail- able without tender of the amount of the debt . Mann v . Falcon , 25 Tex . 276 , followed ...
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acres action affirmed agent alleged amount Appeal from district Appeals of Texas appellant appellee Bank Bexar county cattle cause charge circuit court civil appeals claim Conclusions of Fact contract contributory negligence conveyed corporation court erred court of civil creditors damages debt deceased decree deed of trust defendant defendant's dence district court evidence executed facts fendant filed George Knapp held Henry Miller homestead injury interest issue Judge jury land levy liable lien ment Missouri mortgage Navarro County negligence notice old firm opinion owner paid parties payment person petition plaintiff in error pleaded possession purchase question railroad Railway Company received record recover rendered reversed sold statute sued suit supreme court taxes testified testimony Texarkana thereof tiff tion township tract trial try title verdict void witness writ