Buchanan v. Monroe
Texas Supreme Court
Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This suit was brought in the court below, by Hugh W. Monroe and John Monroe, trading under the firm of Monroe & Brother, against Sarah Wyatt, widow of Wm. H. Wyatt, deceased, and Wm. L. Buchanan, administrator of the said W. H. Wyatt.
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Appeal from Gonzales. Tried below before the Hon. Fielding Jones. This suit was brought in the court below, by Hugh W. Monroe and John Monroe, trading under the firm of Monroe & Brother, against Sarah Wyatt, widow of Wm. H. Wyatt, deceased, and Wm. L. Buchanan, administrator of the said W. H. Wyatt. In the original petition, filed at the Eall Term, 1857, in the form of an action of trespass to try title, the plaintiffs deraigned title through a sale under a mortgage given by Wm. M. Phillips, and M. J. Phillips, his wife, to Everett Lewis. The mortgage was dated l'3th November, 1856, and was…
1Opinion of the Court
Wheeler, Ch. J.
The decisions of this court have recognized, in its full extent, the doctrine of courts of equity, that a mortgage is but a security for the debt, and only a chattel interest; and that, until a decree of foreclosure, the mortgagor continues the real owner of the fee. The doctrine of equity is, that the equity of redemption is the real and beneficial estate, tantamount to the fee at law; and it is accordingly held to be descendible by inheritance, devisable by will, and alienable by deed, precisely as if it were an absolute estate of inheritance at law. (4 Kent’s Com. 159, 160;…
2Cases cited2 opinions
- Robertson v. PaulTexas Supreme Court · 1856
- Hall v. HallTexas Supreme Court · 1854
3Cited by28 opinions
- Silliman v. GammageTexas Supreme Court · 1881
- McDonald v. MillerTexas Supreme Court · 1897
- Bradford v. KnowlesTexas Supreme Court · 1894
- McLane v. PaschalTexas Supreme Court · 1877
- Taylor v. WilliamsTexas Supreme Court · 1908
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