Goodgame v. Rushing
Texas Supreme Court
Goodgame v. Rushing, 35 Tex. 722 (Tex. 1872)
Walker
Goodgame v. Rushing
Opinion of the Court
In this case the court instructed the jury as follows, to-wit:—“The defendant’s intestate, being the trustee of the plaintiff for the sale of the property under a chattel mortgage, had no right to bid off the property himself, and a sale made to himself upon such a bid was void, and vested no title to the property in him.”
This is not the law in this State. (See 6 Texas Reports, p. 174, Howard v. Davis; E. B. Scott v. T. W. Mann and others, opinion delivered at the last term of trie court, 33 Texas, 735; 10 Johnson, 185.) It is deemed unnecessary to refer to other authorities; the court misdirected the jury.
The judgment is reversed and the cause remanded.
Reversed and remanded.
Reference
- Full Case Name
- John A. Goodgame v. James A. Rushing
- Cited By
- 9 cases
- Status
- Published
- Syllabus
- The law of this State does not prohibit a mortgagee, in a mortgage with power of sale, from becoming the purchaser of the property at his own sale under the power. (Howard v. Davis, 6 Texas, 174, cited by the court.)