Holloman v. White

Citations

• 41 Tex. 52

Syllabus

<p>1. Bankrupt, homestead.—A bankrupt cannot insist upon the enforcement of a trust deed alleged to have been assigned to him with his homestead and as a muniment of its title without evidence that the trust deed had been expressly set apart to such bankrupt.</p> <p>2. On Rehearing—Pleading and evidence.—The only evidence ' of bankruptcy being in the pleadings, and the admission of bankruptcy being coupled with the explanation that the trust deed as a muniment of title to the homestead had been assigned to plaintiff in the bankrupt proceedings: Held, that the plaintiff could sue and enforce the execution of such trust.</p> <p>3. Merger.—Plaintiff having entered upon land under an execution sale claimed by the defendant to be void, the title conveyed by snch sale could not be insisted upon as merging the equitable estate held in the property by the owner of the debt and trust deed in a proceeding to enforce the execution of such trust deed.</p>