Legal Opinion

Security Mortgage & Trust Co. v. Gill

Court of Appeals of Texas

Decided October 10, 1894No. 918PublishedCited by 16 opinions

Appeal from Falls. Tried below before Hon. L. W. Goodrich. 1. The foreclosure sale under a mortgage executed and duly recorded before a contract of lease is made by the mortgagor, cuts off all title and rights of possession in the lessee. 2 Jones on Mort., 3 ed., p. 603, sec. 1696; 1 Jones on Mort., 3 ed., p. 679, sec. 796; McDermet v. Burke, 16 Cal., 580; Russum v. Wanser, 53 Md., 92; Henshaw v. Wells, 9 Humph. (Tenn.), 568; 52 Barb.

Read the full summary

Appeal from Falls. Tried below before Hon. L. W. Goodrich. 1. The foreclosure sale under a mortgage executed and duly recorded before a contract of lease is made by the mortgagor, cuts off all title and rights of possession in the lessee. 2 Jones on Mort., 3 ed., p. 603, sec. 1696; 1 Jones on Mort., 3 ed., p. 679, sec. 796; McDermet v. Burke, 16 Cal., 580; Russum v. Wanser, 53 Md., 92; Henshaw v. Wells, 9 Humph. (Tenn.), 568; 52 Barb. (N. Y.), 377; 43 N. Y., 462. 2. The owner of the reversion or fee at the time rent falls due is entitled to the entire sum then due. Porter v. Sweeney, 61…

1Opinion of the Court

KEY, Associate Justice.

Appellant’s first amended original petition, omitting formal parts, contains the following averments, viz: That on the 20th day of July, 1889, one J. T. Somerville executed a deed of trust or mortgage on the 600 acres of land, for the rent of which the suit was brought, to secure appellant in the payment of six notes, one for $86.65, and five for $240 each, due on the 1st days of December of 1889, 1890, 1891, 1892, 1893, and 1894, respectively. That it was stipulated in said deed of trust, that if any of said notes should mature and not be paid, at the option of the…

2Cases cited3 opinions

  1. Willis v. MooreTexas Supreme Court · 1883
  2. Weight v. HendersonTexas Supreme Court · 1854
  3. Hearne v. LewisTexas Supreme Court · 1890

3Cited by16 opinions

  1. Roth v. ConnorCourt of Appeals of Texas · 1930
  2. Williams v. KingCourt of Appeals of Texas · 1917
  3. Brown v. LeathCourt of Appeals of Texas · 1897
  4. Zeigler v. SawyerCourt of Appeals of Texas · 1929
  5. Armstrong v. GiffordCourt of Appeals of Texas · 1917

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API