Robinson Bros. & Co. v. Veal

Court of Appeals of Texas

Robinson Bros. & Co. v. Veal

1 White & W. 131

CourtCourt of Appeals of Texas

DecidedApril 14, 1883

DocketNo. 2327, R. Book No. 4, p. 284

StatusPublished

This text of 1 White & W. 131 (Robinson Bros. & Co. v. Veal) 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.

Bluebook

Robinson Bros. & Co. v. Veal, 1 White & W. 131 (Tex. Ct. App. 1883).

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Opinion

Opinion by

Willson, J.

§311. Mortgagee has no right of action against an attaching creditor who sells the mortgaged properly. Article 2296, Rev. Stats., provides that “goods and chattels assigned or mortgaged as security for any debt or contract may be levied upon and sold on execution against the person making the pledge, assignment or mortgage subject thereto, and the purchaser shall be entitled to the possession when it is held by the pledgee, assignee or mortgagee, on complying with the conditions of the pledge, assignment or mortgage.” By levying his attachment upon and selling the mortgaged property, by due course of law, to satisfy his debt, the attaching creditor has committed no wrong or trespass against the rights of the mortgagee for which he could maintain an action. The mortgagee’s rights are fully protected by the law. Purchasers of the property at the attachment sale acquire the property subject to the mortgage lien of the mortgagee, and his remedy would be to follow the property with his prior lien into the hands of such purchasers. [Wright v. Henderson, 12 Tex. 43; Gilliam v. Henderson, 12 Tex. 47; Joost v. Seats, 19 Tex. 473; Belt v. Raguet, 27 Tex. 471.]

Reversed and remanded.

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Opinion by

Willson, J.

§311. Mortgagee has no right of action against an attaching creditor who sells the mortgaged properly. Article 2296, Rev. Stats., provides that “goods and chattels assigned or mortgaged as security for any debt or contract may be levied upon and sold on execution against the person making the pledge, assignment or mortgage subject thereto, and the purchaser shall be entitled to the possession when it is held by the pledgee, assignee or mortgagee, on complying with the conditions of the pledge, assignment or mortgage.” By levying his attachment upon and selling the mortgaged property, by due course of law, to satisfy his debt, the attaching creditor has committed no wrong or trespass against the rights of the mortgagee for which he could maintain an action. The mortgagee’s rights are fully protected by the law. Purchasers of the property at the attachment sale acquire the property subject to the mortgage lien of the mortgagee, and his remedy would be to follow the property with his prior lien into the hands of such purchasers. [Wright v. Henderson, 12 Tex. 43; Gilliam v. Henderson, 12 Tex. 47; Joost v. Seats, 19 Tex. 473; Belt v. Raguet, 27 Tex. 471.]

Reversed and remanded.

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Bluebook (online)

1 White & W. 131, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robinson-bros-co-v-veal-texapp-1883.

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