Throckmorton v. Price
Texas Supreme Court
Appeal from Tarrant. The case was tried before Hon. Nat. M. Burford, one of the district judges. This was a suit for an injunction, instituted by the appellees to restrain the appellant, Throckmorton, from selling under a deed of trust a tract of land in Tarrant county. Joseph H. Wilcox, the cestue que trust, was also made a party defendant. The facts are substantially and clearly stated in the opinion of the court.
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Appeal from Tarrant. The case was tried before Hon. Nat. M. Burford, one of the district judges. This was a suit for an injunction, instituted by the appellees to restrain the appellant, Throckmorton, from selling under a deed of trust a tract of land in Tarrant county. Joseph H. Wilcox, the cestue que trust, was also made a party defendant. The facts are substantially and clearly stated in the opinion of the court. The deed of trust to Throckmorton, for the benefit of Wilcox, was executed by Charles C. Lacy, on the 15th of December, 1858, to secure the payment of a debt of $210, and was…
1Opinion of the CourtMoore, C. J.
—There was no controversy as to the facts in this case. The only question in it arises upon the instruction given to the jury by the judge in the court below. The evidence clearly shows that the deed of trust under *608which the appellants claim, though filed with the county-clerk for record, and so indorsed by him sometime prior to the date of the deed to the appellees, was not, in fact, recorded until after their purchase of the land. It is also unquestionably true, that all reasonable diligence was used in behalf of the appellees to ascertain whether the land was free from incumbrance, and…
2Cited by20 opinions
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