J. P. Parker & Co. v. Benner, Cornish & Co.
This text of 1 White & W. 28 (J. P. Parker & Co. v. Benner, Cornish & Co.) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Opinion by
§ 64. Mortgagee cannot assert Ms claim in trial of right of property. A mortgage is security and will remain with mortgagor, and is subject to execution against mortgagor. A mortgagee has no such interest in mortgaged property as can be asserted by claim under the [29]*29statute providing for the trial of the right of property. A mortgage is but a security, the. title remaining in the mortgagor until divested by foreclosure.' Mortgaged property is liable to execution against the mortgagor, subject to the lien created by the mortgage. [Wright v. Henderson, 12 Tex. 43; Gillian v. Henderson, 12 Tex. 47.]
Reversed and remanded.
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1 White & W. 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/j-p-parker-co-v-benner-cornish-co-texapp-1879.