Castro v. Illies
Texas Supreme Court
Error from Bexar. Action by Castro against lilies to have certain conveyances from Mm, Castro, declared to be mortgages, &e. Elies answered^ admitting the conveyances were in fact mortgages, being intended to secure the payment of money; prayed a foreclosure, &c. The facts material to be stated, will be found in the opinion.
1Opinion of the CourtLipscomb, J.
We have examined the record with care and attention, and have been unable to perceive any cause to complain of error committed in the Court below, but upon two grounds.
1st. It is assigned for error, that, by the decree in the Conrfc below, other lands were substituted to those conveyed in mortgage, and which could not be reached, by reason of a change of surveys and field notes, upon the parol agreement set up by the amended and supplemental petition of lilies, which was converted into a cross suit.
In order that we may determine whether this objection is well taken, it is first necessary to…
2Cited by29 opinions
- Kingsbery v. Phillips Petroleum CompanyCourt of Appeals of Texas · 1958
- Kistler v. LathamTexas Commission of Appeals · 1923
- Boehl v. WadgymarTexas Supreme Court · 1881
- Guarantee Life Ins. Co. v. DavidsonTexas Commission of Appeals · 1921
- Onyx Refining Co. v. Evans Production Corp.District Court, N.D. Texas · 1959
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