Legal Opinion

Boehl v. Wadgymar

Texas Supreme Court

Decided March 25, 1881No. Case No. 539PublishedCited by 25 opinions

Appeal from He Witt. Tried below before the Hon. D. D. Claiborne. Suit by Boehl against Wadgymar and wife, for the recovery of a debt and to enforce a lien upon certain lands for the payment of it.

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Appeal from He Witt. Tried below before the Hon. D. D. Claiborne. Suit by Boehl against Wadgymar and wife, for the recovery of a debt and to enforce a lien upon certain lands for the payment of it. The plaintiff in his petition averred that the defendant, Wadgymar, came to him on or about the 28th of December, 1873, and represented that he desired to purchase two certain tracts of land; and that if plaintiff would lend him money to make the purchase, he, defendant, would hold the lands in trust for the repayment of the money; that he would immediately execute to petitioner a mortgage upon the…

1Opinion of the Court

Quinan, Commissioner.

It is not questioned that an agreement in writing to execute a mortgage upon specific property would be enforced in equity. De Laire v. Keenan, 3 Dessaus., 74; Daggett v. Rankin, 31 Cal., 323. “The doctrine seems to be well established, that such an agreement, or a mortgage defectively executed, oran imperfect attempt to create a mortgage or to appropriate specific *592property to the discharge of a particular debt, will create a mortgage in equity or a specific lien on the property so intended to be mortgaged.” 1 Am. Leading Cases in Equity, 510.

But in the present case, the…

2Cases cited3 opinions

  1. Castro v. IlliesTexas Supreme Court · 1854
  2. Daggett v. RankinCalifornia Supreme Court · 1866
  3. Callison v. GrayTexas Supreme Court · 1860

3Cited by25 opinions

  1. Lifemark Corp. v. MerrittCourt of Appeals of Texas · 1983
  2. McAlister v. Eclipse Oil Co.Texas Supreme Court · 1936
  3. Solether v. Trinity Fire InsuranceTexas Supreme Court · 1935
  4. Ruhl v. Kauffman & RungeTexas Supreme Court · 1886
  5. Solether v. Trinity Fire Ins. Co.Texas Commission of Appeals · 1935

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