Brown v. Moore
Texas Supreme Court
Appeal from Galveston. Tried below before the Hon. A. P. McCormick. On the twentieth day of July, 1858, Mary E. Moore (appellee) and her husband, James W. Moore, executed and delivered to Eliza E. Brown (appellant) their note for $1100, due January 1, 1859, and secured its payment by deed of trust to Oscar Farish, executed in due form, of same date, conveying to him, in trust, lots 12,13 and 14, block 136, with improvements, in the city of Galveston, and two slaves.
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Appeal from Galveston. Tried below before the Hon. A. P. McCormick. On the twentieth day of July, 1858, Mary E. Moore (appellee) and her husband, James W. Moore, executed and delivered to Eliza E. Brown (appellant) their note for $1100, due January 1, 1859, and secured its payment by deed of trust to Oscar Farish, executed in due form, of same date, conveying to him, in trust, lots 12,13 and 14, block 136, with improvements, in the city of Galveston, and two slaves. On April 12,1868, the trustee advertised the lots and improvements to be sold under the terms of the deed of trust, on April…
1Opinion of the CourtWalker, J.
James W. Moore and Mary E., his wife, to secure the payment of $1100 to Eliza A. Brown, executed a deed of trust to Oscar Parish over lots 12, 13 and 14, in block 136, in the city of Gralveston, together with two slaves. The trustee took the acknowledgment of the wife to the deed. The property mortgaged was her separate property. The trustee was interested in the conveyance to the extent of his commission, and was therefore incompetent, as an officer, to take an acknowledgment of the deed. Authorities are sufficiently referred to in the able briefs of counsel to this point. We think the law…
2Cited by17 opinions
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- Lee v. MurphyCalifornia Supreme Court · 1897
- Davis v. BeazleySupreme Court of Virginia · 1881
- Green v. AbrahamSupreme Court of Arkansas · 1884
- Ogden Building & Loan Ass'n v. MenschIllinois Supreme Court · 1902
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