Holloman v. White
Texas Supreme Court
Appeal from Guadalupe. Tried below before the Hon. J. J. Thornton. On April 30, 1858, French Smith and Eliza, his wife, executed to White, as trustee, their deed to the Elm Spring tract of land to secure to F. G. Roberts payment of two promissory notes, with the usual conditions and power of sale.
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Appeal from Guadalupe. Tried below before the Hon. J. J. Thornton. On April 30, 1858, French Smith and Eliza, his wife, executed to White, as trustee, their deed to the Elm Spring tract of land to secure to F. G. Roberts payment of two promissory notes, with the usual conditions and power of sale. On May 3, 1859, this Elm Spring tract was sold by the sheriff of Guadalupe county under sundry executions, viz, eight, against said Smith, Holloman, the appellant, becoming the purchaser. On the same or the preceding day Rust sold the above notes and trust deed to the appellant, and made the…
1Opinion of the CourtMcAdoo, J.
This cause seems to have been instituted by the appellant as a means of strengthening his title to the land, which was involved in the cause of Holloman v. F. Smith and Wife, (No. 214.)
It is a proceeding to compel John P. White to execute a deed of trust by sale which had been imposed by Smith and wife on the same property in 1858, White being the trustee named in the deed of trust. This deed was executed by Smith and wife to secure debts due to other parties. The appellee had, by purchase from Rust, become the owner of the debts thus secured, and the deed of trust had been transferred to him.
2Cited by8 opinions
- Huselby v. AllisonCourt of Appeals of Texas · 1930
- Cotten v. WillinghamCourt of Appeals of Texas · 1921
- Frost v. GrimmerCourt of Appeals of Texas · 1911
- Mallory S. S. Co. v. G. A. Bahn Diamond & Optical Co.Court of Appeals of Texas · 1912
- Ellis v. SingletaryTexas Supreme Court · 1876
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