Monroe v. Buchanan
Texas Supreme Court
Erbor from Gonzales. Tried below before the Hon. Fielding. Jones. This suit was instituted by the plaintiffs in error, Hugh W. and) John Monroe, on the 28th of March, 1859, against W. L. Buchanan, as the administrator, Sarah J. Wyatt, as the widow, and others, as the minor heirs of William H. Wyatt,- deceased.
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Erbor from Gonzales. Tried below before the Hon. Fielding. Jones. This suit was instituted by the plaintiffs in error, Hugh W. and) John Monroe, on the 28th of March, 1859, against W. L. Buchanan, as the administrator, Sarah J. Wyatt, as the widow, and others, as the minor heirs of William H. Wyatt,- deceased. The object of the suit was to subject certain lots in the town of Gonzales, occupied by the widow and heirs of Wyatt, deceased, as their home^ stead, to the satisfaction of a certain deed of trust. In this case, a jury was waived and the whole canse submitted to the district judge.…
1Opinion of the CourtMoore, J.
The fact is patent that Wyatt and wife purchased the property from Phillips and wife, subject to the debt charged *245upon it by the mortgage to Lewis. The lot was thus encumbered with their consent, and by an agreement and understanding between all parties that it should be done, that the proposed exchange of lots might be consummated. Until the debt to Lewis was discharged, Wyatt and wife were, at most, entitled merely to the equity of redemption of the lot. (Dunlap v. Wright, 11 Tex., 597.) The debt was created with reference to the agreed manner in which it should be secured, and must be…
2Cases cited1 opinion
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
3Cited by33 opinions
- Guadalupe-Blanco River Authority v. City of San AntonioTexas Supreme Court · 1947
- Hicks v. MorrisTexas Supreme Court · 1882
- Cannon v. McDanielTexas Supreme Court · 1876
- Silliman v. GammageTexas Supreme Court · 1881
- Voight v. MackleTexas Supreme Court · 1888
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