Brightman v. Word
Brightman v. Word
37 Tex. 310
Brightman v. Word
Opinion of the Court
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.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.