Jeffrey v. Bond

REAVLEY, Justice.

The contest here is over the priority or existence of liens against a tract of 5.33 acres. The lower courts have held that a cotenant, having paid the full mortgage debt and taken an assignment of the note and security interest to protect his claim for contribution from the other cotenant, lost that security by a merger of his legal and equitable interests. We disagree. The facts are set out in more detail in the opinion of the Court of Civil Appeals (498 S.W.2d 31) than need be restated here.

C. T. Uselton and Albert Craus were equal cotenant owners of the fee in the 5.-33…