Givens' Adm'r v. Davenport
Texas Supreme Court
Appeal from Houston. On the 4th of January, A. D. 1847, the appellee brought suit against appellant’s intestate for tlie foreclosure of a mortgage made and executed to him in trust in the State of Alabama.
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Appeal from Houston. On the 4th of January, A. D. 1847, the appellee brought suit against appellant’s intestate for tlie foreclosure of a mortgage made and executed to him in trust in the State of Alabama. The mortgage was in substance— “This deed, entered into on the 12th dajr of Juno, 1843, between William T. Givens, of the county of Benton and State of Alabama, of the first part, and Joseph Davenport, trustee, as appointed by the parties for the purposes hereinafter expressed, witnesses, that the said William T. Givens stands indebted to the estate of Joseph A. Mabry, deceased, of the…
1Opinion of the CourtLipscoMB, J.
In the progress of the case and on the trial there were a great many exceptions taken; but they will not be noticed except such as have *228been presented by the brief of the counsel for the appellant. These ve propose to dlsenss and decide in the order in which they have been presented.
The counsel for the appellant contends that the judgment cannot be sustained ou the ground of a want of tiie proper parties in the suit; that the heirs of Mabry and the heirs of Givens ought to have been made parties; and that without such parties there could be no legal foreclosure of the mortgage. This position…
2Cited by3 opinions
- Hendrix v. HunnTexas Supreme Court · 1876
- Rabinovitz v. MarcusSupreme Court of Connecticut · 1923
- Egery v. PowerTexas Supreme Court · 1873