Legal Opinion
Magee v. Snell
Court of Appeals of Texas
Decided March 25, 1916No. 8312Published
Appeal from District Court, Nolan County; Royall G. Smith, Special Judge. Suit by J. H. Snell and others against Mrs. Berta Magee, T. R. and J. W. Rhodes, and others. From a part of the decree entered, Mrs. Magee and children, and the Rhodes, appeal.
1Opinion
On Rehearing.
In 3 Jones on Mortgages (7th Ed.) § 1620, the reason for the equity rule that the foreclosure on several tracts all covered by the same mortgage in the inverse order of their alienation is stated as follows:
“This order of equity proceeds upon the supposition that each subsequent purchaser has actual or constructive notice, by the record of the deed or otherwise, of each prior conveyance, by the mortgagor of portions of the premises.”
In Moran v. Wheeler, 87 Tex. 179, 27 S. W. 54, the following was said:
“It is the policy of the law to require that all matters affecting the title to…
2Cases cited4 opinions
- Moran v. WheelerTexas Supreme Court · 1894
- Biswell v. GladneyCourt of Appeals of Texas · 1916
- Mansur & Tebbetts Implement Co. v. BeerCourt of Appeals of Texas · 1898
- Lubbock State Bank v. H. O. Wooten Grocery Co.Court of Appeals of Texas · 1915