Stephens v. Sherrod
Texas Supreme Court
Appeal from Harrison. The appellee sued the appellant to recover the sum of four hundred and thirty dollars, money loaned.
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Appeal from Harrison. The appellee sued the appellant to recover the sum of four hundred and thirty dollars, money loaned. The plaintiff tiled the petition on the 12lh day of September, 1S49, alleging- that tlie defendant, being indebted to one William T. Scott in that sum. requested the plaintiff to pay the same to said Scott, which tlie plaintiff accordingly did on tlie 24th day of November, 1846; that tlie money so advanced was a Joan, and that to secure tlie payment thereof tlie defendant delivered to the plaintiff a negro man, and at the same time executed and delivered to the plaintiff,…
1Opinion of the CourtWheelbb, J.
The questions presented for our consideration which seem to require notice are—
1st. Is the contract disclosed by the record a mortgage? and if so,
2d. Can the plaintiff waive his remedy upon the mortgage, and recover in this action the money loaned?
1. The bill of sale and the defeasance were executed at the same time and in respect to the same subject-matter. They are constituent parts of the same agreement,’ and are to be considered as but one instrument. They are to receive the same interpretation and to have the same effect as if they had been embodied in the same writing and had formed but…
2Cases cited1 opinion
- Kelleran v. BrownMassachusetts Supreme Judicial Court · 1808
3Cited by15 opinions
- Humble Oil & Refining Co. v. AtwoodTexas Supreme Court · 1951
- Snyder v. NunnTexas Supreme Court · 1886
- Gassert v. BogkMontana Supreme Court · 1888
- Gatewood v. GravesCourt of Appeals of Texas · 1922
- In Re SachsCourt of Appeals for the Fourth Circuit · 1929
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