Legal Opinion

American Freehold Land Mortgage Co. v. MacDonell

Texas Supreme Court

Decided March 5, 1900No. 876PublishedCited by 14 opinions

Error to the Court of Civil Appeals for the Fourth District, in an appeal from Bexar County. Suit was brought by the mortgage company against Macdonell and others for debt and foreclosure of a deed of trust. The foreclosure was granted as to a part only of the land, and the company appealed and on affirmance obtained writ of error.

1Opinion of the Court

BROWN, Associate. Justice.

On June 28, 1888, C. M. Macdonell and Thomas C. Sheldon executed and delivered to a trustee a deed of trust upon the lands described in the plaintiff's petition to secure the payment of their note for $22,000 to the plaintiff in error. The note-was payable June 1, 1893, with notes attached for the semi-annual interest. C. M. Macdonell died ¡November 24, 1888, and, during the same-year, Allan Macdonell was appointed administrator upon his estate. May 29, 1889, Allan Macdonell, as administrator of the said estate,, under an order of the County Court of Webb County,…

2Cases cited4 opinions

  1. James v. JamesTexas Supreme Court · 1891
  2. Philipowski v. SpencerTexas Supreme Court · 1885
  3. Oldham v. McIverTexas Supreme Court · 1878
  4. Horton v. HamiltonTexas Supreme Court · 1857

3Cited by14 opinions

  1. International & G. N. Ry. Co. v. Concrete Inv. Co.Court of Appeals of Texas · 1917
  2. Pegues v. MossCourt of Appeals of Texas · 1940
  3. Ellerd v. EllisonCourt of Appeals of Texas · 1914
  4. White v. WhiteCourt of Appeals of Texas · 1941
  5. Whittenburg v. GrovesTexas Commission of Appeals · 1919

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