Equitable Mortgage Co. v. Norton
Texas Supreme Court
Appeal from Kaufman. Tried below before the Hon. Anson (Rainey. This is an appeal from a judgment denying the right to foreclose a mortgage upon fifty acres of land, the separate property of the wife, and which had been the homestead of the family. The mortgage was given to secure a loan of money to the husband. The transactions of the parties leading to the final making and delivery of the mortgage, and relied upon by the parties respectively, are given in the opinion.
1Opinion of the Court
Walker, Associate Justice.
May 18, 1888, appellants brought suit against B. J. Norton and his wife Nannie A. Norton on a promissory note for four hundred dollars and the interest coupons, of date September 1, 1886, made by defendants and payable to the Equitable Mortgage Company, and to enforce a trust deed made to secure same, in which S. M. Finley is named as trustee, upon fifty acres of land near the city of Terrell, the separate property of the wife. Default was made in the payment of interest, and by terms of the contract action arose. The trust deed bore date September 3, but the…
2Cases cited1 opinion
- Burleson v. BurlesonTexas Supreme Court · 1866
3Cited by56 opinions
- Texas Land & Loan Co. v. BlalockTexas Supreme Court · 1890
- Lincoln v. BennettTexas Supreme Court · 1941
- Bayless v. GuthrieTexas Commission of Appeals · 1921
- Calvin v. NeelCourt of Appeals of Texas · 1916
- Llewellyn v. First Nat. Bank of LampasasCourt of Appeals of Texas · 1924
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