Haas v. Kraus
Texas Supreme Court
Application for Writ of Error to Court of Civil Appeals for Fourth District, in an appeal from El Paso County. In the Court of Civil Appeals it was held, that “ There can be no doubt under our decisions that a debtor in failing circumstances can give a valid mortgage on so much of his property as may be necessary to secure the bona fide debt of a creditor; and we have seen no Texas case where it was held that a mortgage made directly to a creditor who had accepted the same…
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Application for Writ of Error to Court of Civil Appeals for Fourth District, in an appeal from El Paso County. In the Court of Civil Appeals it was held, that “ There can be no doubt under our decisions that a debtor in failing circumstances can give a valid mortgage on so much of his property as may be necessary to secure the bona fide debt of a creditor; and we have seen no Texas case where it was held that a mortgage made directly to a creditor who had accepted the same could be rendered void by the fraud of the mortgagor alone.” This contained the ruling attacked in the petition for writ…
1Opinion of the Court
STAYTON, Chief Justice.
If a decision of a Court of Civil Appeals overrules its own decision or the decision of another Court of Civil Appeals or of the Supreme Court, this court has jurisdiction to grant a writ of error, although under the decision the judgment of the District Court be reversed and the cause remanded; but it does not follow from this that a writ of error should be granted, unless the decision of the cause in which the writ is asked is believed to be erroneous.
When the application for writ of error in this cause was refused, it was not because this court had not jurisdiction,…
2Cases cited1 opinion
- Ellis v. A. S. Valentine & SonTexas Supreme Court · 1886
3Cited by24 opinions
- Parks v. KnoxCourt of Appeals of Texas · 1910
- Burnham, Hanna, Munger & Co. v. Logan, Evans & SmithTexas Supreme Court · 1895
- Gray v. KaliskiTexas Commission of Appeals · 1932
- B., H., M. Co. v. L., E. S.Texas Supreme Court · 1895
- Bruce v. Koch, Dreyfus & Co.Texas Supreme Court · 1900
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