Legal Opinion

Klein v. Glass

Texas Supreme Court

Decided March 12, 1880PublishedCited by 9 opinions

Error from Galveston. Tried, below before the Hon. William H. Stewart. Suit of trespass to try title, brought by F. A. Glass against Adolph Klein and Emily V. Klein, his wife, to recover lot number 3, block 15, and improvements thereon, in the city of Galveston, and for damages. Defendants answered by general demurrer, general denial, and pleas of not guilty. The court overruled the demurrer, and there was a trial by jury. Verdict and judgment for plaintiff for the property.

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Error from Galveston. Tried, below before the Hon. William H. Stewart. Suit of trespass to try title, brought by F. A. Glass against Adolph Klein and Emily V. Klein, his wife, to recover lot number 3, block 15, and improvements thereon, in the city of Galveston, and for damages. Defendants answered by general demurrer, general denial, and pleas of not guilty. The court overruled the demurrer, and there was a trial by jury. Verdict and judgment for plaintiff for the property. Motion for new trial by the defendants was overruled, and the case brought up on error. On the 24th of February, 1875,…

1Opinion of the Court

Bonner, Associate Justice.

It is well settled, that, as *44between the parties, if the transaction be bona fide, a valid mortgage can be made to secure future advances as’well as an existing indebtedness. (Herm. on Chat. Mort., sec. 53, citing numerous authorities in note 2; Robinson v. Williams, 22 N. Y. 380.)

Although appellants admit this as a general proposition, they contend that it should not be applied, as against the wife, to a deed of trust upon the homestead for future advances for an unlimited amount to be made to the husband, though she had joined in the mortgage.

If the wife…

2Cases cited2 opinions

  1. Robinson v. . WilliamsNew York Court of Appeals · 1860
  2. Pridgen v. HillTexas Supreme Court · 1854

3Cited by9 opinions

  1. Golden v. TomiyasuNevada Supreme Court · 1963
  2. Tudor v. HodgesTexas Supreme Court · 1888
  3. Thornton v. GoodmanTexas Supreme Court · 1919
  4. Sanger v. CallowayTexas Commission of Appeals · 1933
  5. Zeiss v. First State BankCourt of Appeals of Texas · 1916

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