Robertson v. Paul
Texas Supreme Court
Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit by the appellee against appellant, for the balance due on a promissory note of the defendant’s intestate. There was no controversy about the facts.
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Appeal from Galveston. Tried before the Hon. Nelson H. Hunger. Suit by the appellee against appellant, for the balance due on a promissory note of the defendant’s intestate. There was no controversy about the facts. The jury found a special verdict as follows : John Robertson, in his life time, to wit: on the 4th day of August, 1853, executed his note in favor of plaintiff for $600, payable twelve months after date, with interest at twelve per cent per annum from date until paid ; and that at the same time he executed a deed of trust on lot number twelve, in block number six hundred and…
1Opinion of the CourtWheeler, J.
The validity of the plaintiff’s demand, and his right to recover in this action, must depend upon the authority of the trustee to sell under the power, after the death of the debtor. The instrument, called a deed of trust, was but a mortgage, containing a power to sell. The practice of inserting such a power in mortgages, had its origin in England, in consequence of the inconveniences attending the existing practice of foreclosure in that country. And though its propriety was at one time questioned, as being an extraordinary and dangerous power, (1 Madd. Ch. R. 160,) it is now firmly…
2Cited by71 opinions
- Cleveland v. WilliamsTexas Supreme Court · 1867
- Cannon v. McDanielTexas Supreme Court · 1876
- Hendrix v. HunnTexas Supreme Court · 1876
- Wiener v. ZweibTexas Supreme Court · 1912
- McLane v. PaschalTexas Supreme Court · 1877
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