The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 6
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The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 6

The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 6


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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1894 edition. Excerpt: ...should exclude the finding that she had knowledge of the deed of trust by which Coffin's debt was in fact at that time secured, is not a substantial or reasonable one. There can be no doubt that she knew of the debt to Coffin, and that it was secured by a deed of trust on the property, and these were sufficient facts to put her on notice or inquiry concerning the precise condition of the Coffin claim. Besides, when Coffin notified her that the debt was due, and when she says she first knew that the note and deed of trust was different from what it was stated to be in her deed, she treated it as the one she had assumed. This conduct is of some force as a circumstance bearing on her knowledge at the time of the transaction. Entertaining this view of actual notice to plaintiff of the existence of the Coffin note and deed of trust at the time she acquired the property from Rugg, the question of due registration of the instrument is immaterial, and hence upon that question we need express no opinion. It is necessary though to dispose of some other questions raised by ap-pellant. It is insisted that Mrs. Maulding had the right toredeem, not-. withstanding the trustee sale was regularly made, and notwithstanding she may have had knowledge of the deed of trust when she purchased. The theory seems to be predicated upon the principle, now firmly settled in this State, that if a sale had been had under judicial foreclosure, her right to redeem would have continued after the sale, unless she had been made a party to the foreclosure proceedings. Pierce v. Moreman, 84 Texas, 596; Railway v. Whitaker, 68 Texas, 634. This principle has no application to the case of a purchaser from a mortgagor, the mortgage containing a power of sale of which the...


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Product Details
  • ISBN-13: 9781230104331
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 406
  • Spine Width: 21 mm
  • Width: 189 mm
  • ISBN-10: 123010433X
  • Publisher Date: 13 Sep 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 721 gr


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The Texas Civil Appeals Reports; Cases Argued and Determined in the Courts of Civil Appeals of the State of Texas Volume 6
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