Hall v. Harris
Texas Supreme Court
Appeal from Brazoria. On the 20th of October, 1840, Hall executed a deed of trust to Harris & Pease, on certain slaves, to secure the payment of a debt to Alcorn.
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Appeal from Brazoria. On the 20th of October, 1840, Hall executed a deed of trust to Harris & Pease, on certain slaves, to secure the payment of a debt to Alcorn. The deed con-# tained a power to sell, at public sale, when required by Alcorn, in case of failure of payment, and stipulated that “ until such “ sale, as is herein before mentioned, shall be made, the said “ W. D. C. Hall, or his legal representatives, shall have the “ uninterrupted use, possession and benefit of said property.” The execution of said trust was afterwards stayed, by agreement, one half to the 1st of January, 1845,…
1Opinion of the CourtLipscomb, J.
The first point, presented for our consideration by the appellants’ brief, is, the supposed error of the Court below, in overruling the exceptions of the defendants, *302to the plaintiffs’ petition and amended petition. They contend that there is no cause of action set out in the petition; that, by the terms of the deed of trust, Hall was entitled to the possession, down to the sale, and that his possession was a lawful possession until a sale had been made, and that the possession by the trustees, before or at the sale, was not necessary to the validity of a sale in the execution of their trust;…
2Cases cited1 opinion
- Harrison v. SterrySupreme Court of the United States · 1809
3Cited by19 opinions
- City of Austin v. CahillTexas Supreme Court · 1905
- Ebell v. BursingerTexas Supreme Court · 1888
- Oliver v. RobertsonTexas Supreme Court · 1874
- Cavers v. Sioux Oil & Refining Co.Texas Commission of Appeals · 1931
- Castro v. IlliesTexas Supreme Court · 1858
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