Court of Civil Appeals of Texas, 1879

J. P. Parker & Co. v. Benner, Cornish & Co.

J. P. Parker & Co. v. Benner, Cornish & Co.
Court of Civil Appeals of Texas · Decided June 11, 1879 · White
1 White & W. 28

J. P. Parker & Co. v. Benner, Cornish & Co.

Opinion of the Court

Opinion by

White, P. J.

§ 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 *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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