Thompson v. Westbrook
Texas Supreme Court
Appeal from Polk. Tried below before the Hon. H. C. Pedigo. Appellants sued one Brick, April 22, 1875, on a note for $1,180, and to foreclose a mortgage on the land described in the petition or alternately for the land, joining appellee as defendant, representing that she was in possession and claiming a portion of the land.
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Appeal from Polk. Tried below before the Hon. H. C. Pedigo. Appellants sued one Brick, April 22, 1875, on a note for $1,180, and to foreclose a mortgage on the land described in the petition or alternately for the land, joining appellee as defendant, representing that she was in possession and claiming a portion of the land. In 1861 Eliza Rudder sold the land to Brick, conveying it to him by a deed absolute upon its face, and therein acknowledging the payment of the purchase money. This deed was recorded in Polk county, where the land is situated, on December 12, 1861. At the time of the…
1Opinion of the Court
Watts, J. Com. App.
In Dunlap v. Wright, 11 Tex., 597, the court, after citing numerous cases bearing upon the point then under consideration, remarked that “The effect of the principles of these cases is that the vendor’s *267deed may be absolute; yet if a mortgage for the purchase money be given back at the same time, the fee will absolutely remain in the vendor.”
Chief Justice Moore, in commenting upon the doctrine of Wright v. Dunlap in the case of Burgess v. Milliken, 50 Tex., 403, said: “But though seizin or title vests in him (the vendee) by the deed, it is nevertheless lost to or divested…
2Cases cited7 opinions
- Watkins v. EdwardsTexas Supreme Court · 1859
- Dunlap's Adm'r v. WrightTexas Supreme Court · 1854
- Henderson v. PilgrimTexas Supreme Court · 1858
- Burgess v. MillicanTexas Supreme Court · 1878
- Lacoste v. OdamTexas Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Huffman v. MulkeyTexas Supreme Court · 1890
- West Lumber Co. v. HendersonCourt of Appeals of Texas · 1922
- Yett v. Houston Farms Development Co.Court of Appeals of Texas · 1931
- Key v. JonesCourt of Appeals of Texas · 1916
- Underwood v. HoggCourt of Appeals of Texas · 1924
6 more not listed; retrieve them via the Exa API.