W. C. Belcher Land Mortgage Co. v. Clark
Court of Appeals of Texas
Appeal from District Court, Parker County ; F. O. McKinsey, Judge. Action by W. P. Clark and others against the W. C. Belcher Land Mortgage Company. Judgment for the plaintiffs after trial on agreed statement of facts, and defendant appeals.
1DissentDunklin, J.
By the deed from H. W. Byers and wife to J. M. Clark, the legal title to the land was vested in J. M. Clark, which afterwards passed to the W. C. Belcher Land Mortgage Company and from that Company to W. M. Brown, its as-signee. The burden was upon the plaintiffs, the devisees of Mrs. F. C. Clark, deceased, to show notice of their equitable title tp the mortgage company at the time of the execution to it of the deed of trust by J. M. Clark, since their title was an equitable title only. Hill v. Moore, 62 Tex. 610; Johnson v. Newman, 43 Tex. 628; Biggerstaff v. Murphy, 3 Tex. Civ. App. 363, 22…
2Cases cited23 opinions
- Eylar v. EylarTexas Supreme Court · 1883
- White v. McGregorTexas Supreme Court · 1899
- Hill v. MooreTexas Supreme Court · 1884
- Ramirez v. SmithTexas Supreme Court · 1900
- Holmes v. BucknerTexas Supreme Court · 1886
18 more not listed; retrieve them via the Exa API.