Dunman v. Coleman, Mathis & Fulton

Citations

• 59 Tex. 199
• 1883 Tex. LEXIS 128

Syllabus

<p>1. Mortgage — Equity.— A court of equity will sustain a contract creating alien upon property as a mortgage, whenever it appears from the contract that the parties intended it to operate as such; and though neither the word “lien” or “mortgage ” may appear in the contract-, yet if from its character it is manifest that it was contemplated by the parties that the specific property should constitute a security for the performance of the obligation, equity will give effect to the intention as between the parties and purchasers with notice.</p> <p>2. Practice — Death of partner.— On the death of a partner pending suit brought in the firm name, it is not necessary to make the legal representatives of the deceased partner a party.</p>