Weight v. Henderson
Texas Supreme Court
Appeal from Red River. This was a proceeding, under the statute, for the trial of the right of property levied on as the property of Carter & Dinwiddie, by virtue of an execution against them in- favor of the appellee. The plaintiff in error claimed the property as the trustee appointed in a deed of trust, made by Carter & Dinwiddie, to secure the payment of a debt due from them to one Berthlett.
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Appeal from Red River. This was a proceeding, under the statute, for the trial of the right of property levied on as the property of Carter & Dinwiddie, by virtue of an execution against them in- favor of the appellee. The plaintiff in error claimed the property as the trustee appointed in a deed of trust, made by Carter & Dinwiddie, to secure the payment of a debt due from them to one Berthlett. The claimant alleged that the property was not subject to the plaintiff’s execution, because of the lien upon it created by the deed of trust in favor of Berthlett. The plaintiff in execution replied…
1Opinion of the CourtWheeler, J.
The principal question presented by the record is, whether the property was exempt from execution against the grantor in the deed of trust, by reason of the trust thereby created. And we are of opinion that it was not. It has been repeatedly decided by this Court that a mortgage is but a security ; and that the title remains in the mortgagor, subject to be divested by foreclosure of the mortgage. In this respect, the deed of trust in this case does not differ from a mortgage. The possession, and the ultimate right of property, remained with the grantor in the deed of trust, whose title could…
2Cited by44 opinions
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- Thompson v. MarshallOregon Supreme Court · 1891
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