Brightman v. Word

Texas Supreme Court

Brightman v. Word

37 Tex. 310

DecidedJuly 1, 1873

StatusPublished

This text of 37 Tex. 310 (Brightman v. Word) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brightman v. Word, 37 Tex. 310 (Tex. 1873).

Pincite

Opinion

Walker, J.

The property in the negro woman and child did not pass absolutely under the mortgage, but taking a mortgage over other property than the land sold, released the vendor’s lien.

When the slaves were emancipated, they were still the property of the mortgagor, and the maxim res perii, domino must apply; but the court erred in decreeing a vendor’s lien.

The judgment of the District Court must be reversed and the cause remanded.

Reversed and remanded.

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Walker, J.

The property in the negro woman and child did not pass absolutely under the mortgage, but taking a mortgage over other property than the land sold, released the vendor’s lien.

When the slaves were emancipated, they were still the property of the mortgagor, and the maxim res perii, domino must apply; but the court erred in decreeing a vendor’s lien.

The judgment of the District Court must be reversed and the cause remanded.

Reversed and remanded.

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Bluebook (online)

37 Tex. 310, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brightman-v-word-tex-1873.