Young v. Van Benthuysen
Texas Supreme Court
Appeal from Galveston. The case was tried before Hon. Benjamin Shropshire, one of the district judges. The material facts are stated in the opinion of the court.
1Opinion of the CourtMorrill, C. J.
On the 11th Yovember, 1858, J. R. *766Young executed his promissory note of that date for $1,200, payable to L. M. Hitchcock in twelve months after date. On the same day Young and his wife, Sarah Young, executed a deed of trust, conveying to Franklin Hitchcock certain lots of land in the city of Galveston, which was their homestead, authorizing and empowering the trustee, if the note should not be paid at maturity, to advertise the lots for sale for twenty days in some newspaper in the county of Galveston, and sell the same to pay the note, and convey to the purchaser the title therefor. The deed…
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