Legal Opinion · Dissent

Eidson v. Perry National Bank

Court of Appeals of Texas

Decided September 10, 1959No. 3650Published

1DissentWilson, Justice

I am unable to record formal unanimity to this decision at the expense of strong conviction. I am in accord with the holding of my brethren on the question of “foreclosure” under the deeds. There is nothing in the record to show judicial foreclosure or transfer of the equity of redemption by any valid method. The deeds, though absolute on their face, were unquestionably mortgages.

This is not true, however, as to the corporate stock. It was pledged by Eidson to the bank. The rules governing the method of transfer of the equity of redemption applicable to realty do not apply to personalty.…

2Cases cited8 opinions

  1. Eylar v. EylarTexas Supreme Court · 1883
  2. Greene v. WhiteTexas Supreme Court · 1941
  3. Humble Oil & Refining Co. v. BlankenburgTexas Supreme Court · 1951
  4. Heirs of Shelby Corzine v. WilliamsTexas Supreme Court · 1893
  5. Havard v. SmithCourt of Appeals of Texas · 1929

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