Tadlock v. Eccles
Texas Supreme Court
Appeal from Fayette. Tried below before the Hon. James H. Bell. On the 6th of April, 1852, Tadlock executed a mortgage on a tract of land including his homestead, to secure the payment of five notes of $100, each, of which notes and mortgage the Texas Monumental Committee became the owners ; and on the 9th of October, 1856, “ The Texas Monument and Military Institute, a corporation created and established by an Act of the Legislature of said State, entitled ‘An Act to…
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Appeal from Fayette. Tried below before the Hon. James H. Bell. On the 6th of April, 1852, Tadlock executed a mortgage on a tract of land including his homestead, to secure the payment of five notes of $100, each, of which notes and mortgage the Texas Monumental Committee became the owners ; and on the 9th of October, 1856, “ The Texas Monument and Military Institute, a corporation created and established by an Act of the Legislature of said State, entitled ‘An Act to consolidate The Texas Monumental Committee and The Texas Military Institute, with Rutersville College,’ passed August 6th,…
1Opinion of the CourtWheeler, J.
The right of the appellant, to his homestead exemption, was pleaded to the suit brought to foreclose the mortgage; and the judgment therein, condemning the land to be sold, was a direct adjudication adversely to the right of the defendant, upon the issue made by the plea. The merits of the judgment cannot be brought in question in a collateral action. Until reversed or annulled by some direct proceeding for that purpose, it is, and must be held, wherever brought collaterally in question, conclusive of the matters therein adjudicated. There is no better settled principle, than that the…
2Cited by71 opinions
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- Freeman v. McAninchTexas Supreme Court · 1894
- Nichols v. DibrellTexas Supreme Court · 1884
- Stone v. BrownTexas Supreme Court · 1881
- Giddings v. City of San AntonioTexas Supreme Court · 1877
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