McLane v. Paschal
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Eoonan. On the 22d of April, 1859,1. A. & G. W. Paschal executed their joint and several promissory note to William McLane, for $7,000, due in twelve months, with twelve, per cent, interest. On the same day, the Paschals, with the appellee, Mary 0. Paschal, wife of the said I. A. Paschal, to secure the payment of the indebtedness, executed and delivered a trust deed.
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Appeal from Bexar. Tried below before the Hon. George H. Eoonan. On the 22d of April, 1859,1. A. & G. W. Paschal executed their joint and several promissory note to William McLane, for $7,000, due in twelve months, with twelve, per cent, interest. On the same day, the Paschals, with the appellee, Mary 0. Paschal, wife of the said I. A. Paschal, to secure the payment of the indebtedness, executed and delivered a trust deed. (The language in which the trust property was described in that trust deed 'will be found in the syllabus of this case—6.) It would seem, from the recitals in the trust…
1Opinion of the Court
Moons, Associate Justice.
With, whatever force of rear son those who have sought to maintain a different conclusion have endeavored to impress their views, and however unsatisfactorily, as it may seem to them, their arguments may have been met, it must be admitted that it is now finally and definitely settled by this court, that a deed of trust to secure the payment of a debt does not operate as an absolute transfer of the property to which it refers, to the trastee, upon the trust mentioned in the deed, defeasible upon the conditions therein stipulated; but that‘such instrument is, in legal…
2Cases cited11 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- Buchanan v. MonroeTexas Supreme Court · 1858
- Reeves v. GoodnerTexas Supreme Court · 1875
- Mayman v. ReviereTexas Supreme Court · 1877
- Giddings v. CrosbyTexas Supreme Court · 1859
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3Cited by33 opinions
- Wiener v. ZweibTexas Supreme Court · 1912
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Rio Bravo Oil Co. v. McEntireTexas Supreme Court · 1936
- McLane v. PaschalTexas Supreme Court · 1889
- Thompson v. MarshallOregon Supreme Court · 1891
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