Brown v. Leath
Court of Appeals of Texas
Appeal from Hays. Tried below before Hon. H. Teichmuelleb. Brown, who had bought the premises at foreclosure sale during the term of Leath’s lease from the mortgagor, sued for and sequestered the crops. Defendant had judgment for damages, and plaintiff appealed.
1Opinion of the Court
In our opinion, the lower court did not err in overruling the special exceptions of plaintiff (appellant) to that part of the amended answer setting up the right of defendant to the crops on the seventy-five acres.
The mortgagor Lock had leased the premises to Leath, the defendant, for the year 1895, and had received the rent before the foreclosure sale under the Lock deed of trust, of date June 4, 1895. The lessee had, under his lease, cultivated the land, and at the time of the sale the crop of cotton and corn was maturing and some of it matured. The lease severed the right to the rents from…
2Cases cited4 opinions
- Field v. MunsterCourt of Appeals of Texas · 1895
- Muenster v. FieldsTexas Supreme Court · 1896
- Security Mortgage & Trust Co. v. GillCourt of Appeals of Texas · 1894
- Lombardi v. SheroCourt of Appeals of Texas · 1896
3Cited by13 opinions
- Wootton v. BishopCourt of Appeals of Texas · 1923
- Bateman v. BrownCourt of Appeals of Texas · 1927
- Sanger Bros. v. HunsuckerCourt of Appeals of Texas · 1919
- Smith v. CoburnCourt of Appeals of Texas · 1920
- Standridge v. VinesCourt of Appeals of Texas · 1935
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