General Bonding & Casualty Insurance v. Moseley
Texas Supreme Court
Error to the Court of Civil Appeals for the Seventh District, in an appeal from Hardeman County. — Moseley and another sued the General Bonding & Casualty-Insurance Company and others and recovered judgment. Defendants prosecuted error to the Court of Civil Appeals, which affirmed the judgment, 174 S. W., 1031. Appellant thereupon obtained writ of error from the Supreme Court.
1Opinion of the CourtChief Justice Phillips
The suit was one for the cancellation of a note and deed of trust upon land to secure its payment, given by the plaintiffs for shares of stock in the defendant corporation, upon the ground of fraua in the procurement of the plaintiff’s subscription agreement, and because, as is claimed, the note and mortgage were not “property” within the meaning of section 6 of article 12 of the Constitution, and hence could not be accepted in payment for the stock.
It is undisputed that the mortgage was a first mortgage upon the land; that the title of the plaintiffs to the land was valid; and that the value…
2Cases cited2 opinions
- Washer v. SmyerTexas Supreme Court · 1919
- Cole v. AdamsTexas Supreme Court · 1898
3Cited by21 opinions
- Sohland v. BakerSupreme Court of Delaware · 1927
- Harn v. SmithSupreme Court of Oklahoma · 1921
- Langdeau v. DickCourt of Appeals of Texas · 1962
- Mitchell v. PorterTexas Commission of Appeals · 1920
- Public Investment Ltd. v. Bandeirante Corp.Court of Appeals for the D.C. Circuit · 1984
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