McLouth v. Hurt
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. William H. Stewart. ¡November 27, 1877, McLouth and Erhard brought suit in the District Court of Galveston county to enforce the collection of six promissory notes, of date July 23, 1874, each for $750, made by C. F. White, in payment for the southeast quarter of the northeast quarter of out-lot number 67 of the city of Galveston.
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Appeal from Galveston. Tried below before the Hon. William H. Stewart. ¡November 27, 1877, McLouth and Erhard brought suit in the District Court of Galveston county to enforce the collection of six promissory notes, of date July 23, 1874, each for $750, made by C. F. White, in payment for the southeast quarter of the northeast quarter of out-lot number 67 of the city of Galveston. It was alleged that the notes had been assigned to plaintiffs, and were secured by a mortgage upon the lot for which they wrere given, executed by the maker of the notes at their date, but, by mistake, the mortgage…
1Opinion of the Court
Gould, Associate Justice.
White held under an absolute deed acknowledging receipt of the consideration, and when Hurt acquired his lien there was nothing of record to give notice that the purchase-money had not in fact been paid, or that the property was incumbered by deed of trust or otherwise. The deed of trust on its face purported to convey an entirely different part of out-lot 67 from that purchased by White and afterwards mortgaged to Hurt. The registration of that trust deed was not constructive notice of an incumbrance on different property. Registration is constructive notice only of…
2Cases cited3 opinions
- Frost v. BeekmanNew York Court of Chancery · 1814
- Peterson v. LowryTexas Supreme Court · 1877
- Nelson v. WadeSupreme Court of Iowa · 1866
3Cited by21 opinions
- White v. McGregorTexas Supreme Court · 1899
- Humble Oil & Refining Co. v. DavisTexas Commission of Appeals · 1927
- Carter v. HawkinsTexas Supreme Court · 1884
- Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
- Adams v. West Lumber Co.Court of Appeals of Texas · 1913
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