Hudson v. Wilkinson
Texas Supreme Court
Appeal from. Brazos. Tried below before the Hon.. W. E. Collard. The statement of the case in appellant’s brief is substantially adopted. Appellee Wilkinson brought this suit against Hudson for a wagon and two mules and their hire. Verdict and judgment for plaintiff. The wagon and team were originally the property of one E. D. Stewart, under whom both parties claimed. On the 13th of October, 1870, Stewart was indebted to one It.
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Appeal from. Brazos. Tried below before the Hon.. W. E. Collard. The statement of the case in appellant’s brief is substantially adopted. Appellee Wilkinson brought this suit against Hudson for a wagon and two mules and their hire. Verdict and judgment for plaintiff. The wagon and team were originally the property of one E. D. Stewart, under whom both parties claimed. On the 13th of October, 1870, Stewart was indebted to one It. W. Dean in the sum of $120, gold, for .which he on that day executed his note to Dean, due January 1, 1871, bearing interest from maturity at ten per cent, per annum.…
1Opinion of the Court
Watts, J. Com. App.—
Assuming that the property was delivered to appellee at the time Stewart executed the mortgage, then appellee held the same as a pledge. The old doctrine that the legal title passes to the mortgagee has no place in our system. Here mortgages of personal property, unaccompanied by possession, are recognized, as are all other naked liens, as but incidents to the debt. But where possession of the property follows the mortgage, then it becomes in effect a pledge, and the rights of the parties are to be determined by those principles of law and equity applicable to that…
2Cases cited2 opinions
- Baker v. WassonTexas Supreme Court · 1883
- Strong v. StrongSupreme Court of Alabama · 1844
3Cited by18 opinions
- Central Nat. Bank v. Latham & Co.Court of Appeals of Texas · 1929
- Commercial Savings Bank v. HornbergerCalifornia Supreme Court · 1903
- Tombler v. Palestine Ice Co.Court of Appeals of Texas · 1897
- Moore v. BryantCourt of Appeals of Texas · 1895
- Arcola Sugar Mills Co. v. BurnhamCourt of Appeals for the Fifth Circuit · 1933
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