Elliott v. C. C. Slaughter Co.

4 Citing cases

  1. Jasper State Bank v. Braswell

    130 Tex. 549 (Tex. 1938)   Cited 48 times

    Duke v. Reed, 64 Tex. 705, 715; Browne v. King, 111 Tex. 330, 336, 235 S.W. 522; Hannay, Admr., v. Thompson, 14 Tex. 142; French v. Grenet, 57 Tex. 273; Calhoun v. Lumpkin, 60 Tex. 185; Rodriguez v. Haynes, 76 Tex. 225, 13 S.W. 296; Mozoch v. Sugg, (Com. App.) 254 S.W. 770; Baker v. Collins, 4 Texas Civ. App. 520[ 4 Tex. Civ. App. 520], 23 S.W. 493; Hays v. Tilson, 18 Texas Civ. App. 610[ 18 Tex. Civ. App. 610], 45 S.W. 479 (application for writ of error refused); Vanderwolk v. Matthaei, 167 S.W. 304 (application for writ of error refused); Elliott v. C. C. Slaughter Co., 236 S.W. 1114; Majors v. Strickland, 6 S.W.2d 133; Bryan v. Kales, 162 U.S. 411, 16 Sup.Ct. 802, 40 L.Ed. 1020; Stouffer v. Harlan, 68 Kan. 135, 74 P. 610, 64 L. R. A. 320, 104 Am. St. Rep. 396; Jaggar v. Plunkett, 81 Kan. 565, 106 P. 280, 25 L. R. A. (N. S.) 935; Kaylor v. Kelsey, 91 Neb. 404, 136 N.W. 54, 40 L. R. A. (N. S.) 839; Jones on Mortgages, (8th ed.) Vol. 2, Secs. 886, 887, pp. 219-221. It is settled also that the mortgagee has the right to retain possession until the debt is paid, even though the debt is barred by limitation.

  2. Balcom v. Cain

    81 S.W.2d 827 (Tex. Civ. App. 1935)   Cited 3 times

    But, as the matter stood in the trial court, without Stratton having pleaded his affirmative equitable rights and remedies, the trial court would have been obliged to render judgment in favor of Balcom, who had the record title. The rights and remedies of these parties are illustrated in Elliott v. C. C. Slaughter Co. (Tex. Civ. App.) 236 S.W. 1114, a parallel case. Elliott and others sued C. C. Slaughter Company in trespass to try title.

  3. Cunningham v. Paschall

    135 S.W.2d 293 (Tex. Civ. App. 1940)   Cited 2 times

    In the case cited, it is further held that a petition, in such circumstances, which does not tender such payment is subject to a general demurrer. It is well established that when a mortgagee purchases at a foreclosure sale which is irregular or void as to the mortgagor, or one claiming under the mortgagor, and who has taken possession under and in reliance upon the foreclosure and purchase, may retain possession against the mortgagor or one claiming under him, until the debt is paid. Conner Bros. v. Williams, 130 Tex. 572, 112 S.W.2d 709. See, also, Jasper State Bank v. Braswell, 130 Tex. 549, 111 S.W.2d 1079, 115 A.L.R 329; Elliott v. C. C. Slaughter Co., Tex.Civ.App. 236 S.W. 1114; Vanderwolk v. Matthaei, Tex.Civ.App. 167 S.W. 304, writ refused. Many other cases could be cited in support of such holdings.

  4. Jasper State Bank v. Braswell

    107 S.W.2d 681 (Tex. Civ. App. 1937)   Cited 2 times

    That a mortgagee in lawful possession of the mortgaged premises can hold his possession until his debt is paid is the unquestioned law of this state. Browne v. King, 111 Tex. 330, 235 S.W. 522; 7 Tex. Law Review, 170; 41 C.J. p. 613, par. 581; Rodriguez v. Haynes, 76 Tex. 225, 13 S.W. 296; Howard v. North, 5 Tex. 290, 51 Am.Dec. 769; R. B. Hannay, Adm'r v. Louisa L. Thompson, 14 Tex. 142; Morrow v. Morgan, 48 Tex. 304; Burgess v. Samuel H. Millican, 50 Tex. 397; French v. Grenet, 57 Tex. 273; Duke v. Reed, 64 Tex. 705; Northcraft v. Oliver, 74 Tex. 162, 11 S.W. 1121; Baker v. Collins, 4 Tex. Civ. App. 520, 23 S.W. 493; Hays v. Tilson, 18 Tex. Civ. App. 610, 45 S.W. 479; Vanderwolk v. Matthaei (Tex. Civ. App.) 167 S.W. 304; Elliott v. C. C. Slaughter Co. (Tex. Civ. App.) 236 S.W. 1114; Majors v. Strickland (Tex. Civ. App.) 6 S.W.2d 133; Thomason v. Wiebusch (Tex. Civ. App.) 89 S.W.2d 452. Though his debt is barred by limitation, he can hold possession until it is paid. Appellees define "a mortgagee in lawful possession" as "one in possession by consent of the mortgagor, or under circumstances calling to his aid principles of equity to avoid unconscionable wrong," citing principally Galloway v. Kerr (Tex. Civ. App.) 63 S.W. 180, and Williams v. Connor Bros. (Tex. Civ. App.) 83 S.W.2d 692 (writ granted).