McKeen v. James
Texas Supreme Court
Error to Court of Civil Appeals for Fourth District, in an appeal from Bexar County. In the Court of Civil Appeals, James, Chief Justice, did not sit.
1Opinion of the Court
The land in controversy in this case having been purchased at a sale made by the assignee of John H. Herndon, a bankrupt, and the sale and conveyance having been made subject to encumbrances, a question arises in the minds of the court as to the right of appellees, who claim under that conveyance, to plead limitation in bar of the debt in order to defeat a foreclosure of the mortgage, if mortgage it was.
That the grantee of a mortgagor may plead the statute, when the conveyance is not made subject to the mortgage, seems to be settled. Cason v. Chambers, 62 Tex. 305. But when the mortgagor…
2Cases cited12 opinions
- Halsey v. ReedNew York Court of Chancery · 1842
- Hamblen v. FoltsTexas Supreme Court · 1888
- Foster v. PowersTexas Supreme Court · 1885
- Jumel v. JumelNew York Court of Chancery · 1839
- Drury v. HoldenIllinois Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tanton v. State National BankTexas Supreme Court · 1935
- Austin v. AustinTexas Supreme Court · 1944
- Hume v. Le CompteCourt of Appeals of Texas · 1911
- Darrow v. SummerhillTexas Supreme Court · 1899
- Aaron Frank Clothing Co. v. DeeganCourt of Appeals of Texas · 1918
5 more not listed; retrieve them via the Exa API.