Heidenheimer Bros. v. Stewart

Citations

• 65 Tex. 321
• 1886 Tex. LEXIS 660

Syllabus

<p>1, Homestead—Mortgage—Suit to foreclose—Negotiable instrument—Innocent party—Fraud—Estoppel—The equities between the original parties to a mortgage cannot avail the mortagor in a suit on the secured negotiable note to foreclose the mortgage, even if it results in the encumbrance of the homestead, if those entitled to the exemption have caused this result by their own deliberate fraud.</p> <p>2. Same—If the owners of the homestead simulate a transaction, in which a negotiable note would be secured by a valid and meritorious lien on the exempt estate, and their artifice succeeds in imposing upon an innocent party, they are estopped from denying the truth of their solemn statements, and cannot be permitted to prove that a lien their acts had declared to be valid is void because their acts were false. (Following Hurt v. Cooper et als., 63 Tex. 362.)</p>