Blackwell v. Barnett
Texas Supreme Court
Appeal from Parker. Tried below before the Hon. A. J. Hood. , On January 13,1874, the appellants executed and delivered to the appellee Hatlian Watson their promissory note, due twelve months after date, for the sum of §500, in gold, drawling interest at the rate of two and one-half per cent, per month from date. On the same day, to secure its payment, they executed and delivered to appellee J. W. Barnett a deed of trust upon their homestead.
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Appeal from Parker. Tried below before the Hon. A. J. Hood. , On January 13,1874, the appellants executed and delivered to the appellee Hatlian Watson their promissory note, due twelve months after date, for the sum of §500, in gold, drawling interest at the rate of two and one-half per cent, per month from date. On the same day, to secure its payment, they executed and delivered to appellee J. W. Barnett a deed of trust upon their homestead. The deed of trust was in the usual form, and authorized the trustee to sell the homestead at the request of the holder of the note, the sale to be made…
1Opinion of the Court
Bonner, Associate Justice.
The controlling question in this case is this: Gan a trust deed, with power of sale, be enforced after the clebt which it is given to secure is barred by the statute of limitations ? For its disposition we shall adopt that rule which seems most to accord with the harmony and consistency of the general law of limitations and the tendency of most of the former decisions of this court.
The case of Sprague v. Ireland, 36 Tex., 657, in which the affirmative of this proposition was announced, was a contest as to the superiority of right under sales by virtue of two trust…
2Cases cited8 opinions
- Williams v. PounsTexas Supreme Court · 1877
- Duty v. GrahamTexas Supreme Court · 1854
- Perkins v. SterneTexas Supreme Court · 1859
- Ware v. BennettTexas Supreme Court · 1857
- Fisk v. WilsonTexas Supreme Court · 1855
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Moline Plow Co. v. WebbSupreme Court of the United States · 1891
- Alliance Milling Co. v. Eaton, Guinan & Co.Texas Supreme Court · 1894
- Thompson v. MarshallOregon Supreme Court · 1891
- First National Bank v. Bell Silver & Copper Mining Co.Montana Supreme Court · 1888
- Fitzgerald v. FlanaganSupreme Court of Iowa · 1912
14 more not listed; retrieve them via the Exa API.