Calder v. Ramsey

Citations

• 66 Tex. 218
• 18 S.W. 502
• 1886 Tex. LEXIS 485

Syllabus

<p>1. Common source of title—Proof necessary—In an action of trespass to try title, the defendant relied on a title derived from the plaintiff. Held, It was immaterial whether or not the plaintiff established a complete chain of title down to himself from the original grantee. The parties claimed under a common source, and it was sufficient if the evidence did not show that the plaintiff had parted with his title by reason of any of the deeds through which defendant claimed. (Authorities cited.)</p> <p>2. Implied condition—Mortgage—If it appears from the face of an instrument that it was intended, to be a mere security, its character is not affected by the fact that no condition of defeasance is expressed. See opinion for facts held sufficient to show that a written instrument of conveyance was a mortgage.</p> <p>3. Right of mortgagor—0. mortgaged land to P., the instrument expressing the purpose for which it was given and outlining the powers of the mortgagee. Held., That C. could recover as against anyone not claiming under P. by title executed in accordance with the powers conferred upon him by the instrument itself.</p> <p>4. Tax deed—Necessary proof—A tax deed is of no force unless accompanied by proof of a valid sale, by virtue of which the deed was executed. (Following Meredith v. Coker, 65 Tex., 29.)</p>