Elliott v. C. C. Slaughter Co.

1 Citing case

  1. Jordan v. Brown

    149 S.W.2d 1045 (Tex. Civ. App. 1941)   Cited 2 times

    Hill v. Preston, 119 Tex. 522, 34 S.W.2d 780, 782, Id., Tex.Civ.App. 296 S.W. 925. If the insurance company was a mortgagee lawfully in possession of the premises, as found by the trial court, we are of the opinion that the plea of limitation was not available to appellants as junior lienholders for the purpose of ousting the insurance company without first tendering to it the amount of its unpaid prior lien. Elliott v. C. C. Slaughter Co., Tex.Civ.App. 236 S.W. 1114; Caffarelli Bros. v. Pearce, Tex.Civ.App. 10 S.W.2d 594; Church v. Cocke, 120 Tex. 262, 37 S.W.2d 723: Connor Bros. v. Williams, 130 Tex. 572, 112 S.W.2d 709; City National Bank v. Moody, Tex.Civ.App. 115 S.W.2d 745. It is well settled that a mortgagee lawfully in possession has the right to retain such possession until his debt is paid. See Jasper State Bank v. Braswell, 130 Tex. 549, 111 S.W.2d 1079, 115 A.L.R. 329, and numerous cases there cited.