Graves v. Allen

Citations

• 66 Tex. 589
• 2 S.W. 192
• 1886 Tex. LEXIS 574

Syllabus

<p>1. Merger—Collateral security—A simple contract is merged in a higher security only when the latter is taken in payment and satisfaction of the former ; if it is taken as collateral security there is no extinction of the contract.</p> <p>2. Same—Remedy—Mortgages—This rule is applicable to mortgages and other collateral securities.a They do not suspend the remedy unless such be the agreement of the parties, expressed in the collateral instrument or clearly deducible from its terms. (Burke v. Cruger, 8 Tex., 66, and 11 Tex., 694.)</p>