Hamilton-Brown Shoe Co. v. Mayo
Court of Appeals of Texas
Appeal from Brown. Tried below before Hon. W. J. Wingate. 1. To constitute a valid mortgage, there must be an acceptance by tbe mortgagee. Without this there is no mortgage, but only a proposition to make one.
Read the full summary
Appeal from Brown. Tried below before Hon. W. J. Wingate. 1. To constitute a valid mortgage, there must be an acceptance by tbe mortgagee. Without this there is no mortgage, but only a proposition to make one. A mortgage executed by a debtor to his creditor without the knowledge of the latter, and without authority from him, and delivered to a party not authorized by him to receive or accept it, has no validity at the time of such delivery, as between him and a creditor of the mortgagor who has acquired an interest in it by attachment between the time of such delivery and the mortgagee’s…
1Opinion of the Court
FISHER, Chief Justice.
This suit was brought by appellee, John T. Mayo, November 16, 1891, against W. Y. Pearce and the sureties on his official bond, and appellant. Appellee alleges, in substance, that on the 25th day of August, 1891, E. G. Brewer and G. G. Peter-man, composing the firm of Brewer & Peterman, made, executed, and delivered to him a deed of trust, by which they conveyed to him all their stock of goods, wares, and merchandise, and all notes and accounts of said firm, in trust, for the purpose of satisfying their creditors in the order named in said instrument. That, on the day of…
2Cases cited7 opinions
- Focke, Wilkens & Lange & Scott v. Leon & BlumTexas Supreme Court · 1891
- P. J. Willis & Bro. v. ThompsonTexas Supreme Court · 1892
- Maloney v. EaheartTexas Supreme Court · 1891
- Still v. WilkensTexas Supreme Court · 1886
- Hughes v. SandalTexas Supreme Court · 1860
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Bailey v. DewareTexas Supreme Court · 1897
- Mitchell v. Schimming & EddinsCourt of Appeals of Texas · 1932
- White v. SterzingCourt of Appeals of Texas · 1895
- Commonwealth Trailer Sales, Inc. v. BradtNebraska Supreme Court · 1958
- Commonwealth Trailer Sales, Inc. v. BradtNebraska Supreme Court · 1958