Ruffier v. Womack
Texas Supreme Court
Appeal from Harrison. The ease was tried before Hon! J. B. Williamson-, one of the district judges. The record in this case is voluminous, and the facts somewhat contradictory; but it is believed the following summary will be as satisfactory as any which can be given.
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Appeal from Harrison. The ease was tried before Hon! J. B. Williamson-, one of the district judges. The record in this case is voluminous, and the facts somewhat contradictory; but it is believed the following summary will be as satisfactory as any which can be given. The real issue was whether the whole transactions between the parties were in fact a mere security for money, or were they a conditional sale? And this was made to depend not upon the writings, but upon the proofs. On the 2d February, 1862, Womaclc, appellee, instituted suit, in Harrison district court, for certain real estate…
1Opinion of the CourtMoore, C. J.
The only question of difficulty in this case is to determine whether the deed of the 18th of May, 1860, from the appellants to Slater, together with the simultaneous agreement between said parties and Hill, is a mortgage or, a conditional sale. The legal distinction between these contracts, and the consequences which result from them, are obvious and well defined. But the circumstances from which such contracts have-their origin, and the object generally intended to be attained by at least one of the parties to them, being frequently so nearly similar, it is often a matter of considerable…
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