Wingate v. Peoples Building & Loan Savings Ass'n
Court of Appeals of Texas
Appeal from the District Court of Runnels County. Tried below before Hon. J. O. Woodward. The lots in controversy were formerly the business homestead of Greene & Rape, who mortgaged them for $1500, which was used to pay mercantile debts. Rape sold out to Jones who, as part of the consideration, appears to have assumed the payment of this indebtedness.
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Appeal from the District Court of Runnels County. Tried below before Hon. J. O. Woodward. The lots in controversy were formerly the business homestead of Greene & Rape, who mortgaged them for $1500, which was used to pay mercantile debts. Rape sold out to Jones who, as part of the consideration, appears to have assumed the payment of this indebtedness. Defendant company in its answer alleged that a portion of the debt secured by the trust deed from Greene & Jones in its favor was for money used to pay off this incumbrance, which was a valid lien on the property, and that it was entitled to…
1Opinion of the Court
FISHER, Chief Justice.
Opinion.—N. T. Jones and wife and H. M. Greene and wife on the 16th day of November, 1891, and on the 2nd day of December, 1891, executed in favor of appellee deeds of trust or mortgages with power of sale conveying lot No. 12 in block No. 8 in the town of Ballinger, to secure the payment of two notes executed by Greene & Jones payable to appellee, one for two thousand dollars and the other for five hundred dollars.
At the time these deeds of trust were executed the property therein described was the business homestead of Greene & Jones, who were then using the property…
2Cases cited1 opinion
- Kuker v. McIntyreSupreme Court of South Carolina · 1895
3Cited by8 opinions
- Paschall v. Pioneer Savings & Loan Co.Court of Appeals of Texas · 1898
- Straus v. BrooksCourt of Appeals of Texas · 1939
- Trammell v. RosenCourt of Appeals of Texas · 1913
- Brown v. RiceCourt of Appeals of Texas · 1926
- Brownfield State Bank v. HudsonCourt of Appeals of Texas · 1934
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