Morrow v. Morgan

Citations

• 48 Tex. 304

Syllabus

<p>1. Mortgagor’s estate—Parties.—A purchaser from a mortgagor may recover the land mortgaged, in trespass to try title, against parties holding under a foreclosure sale to which the plaintiff was not a party. Such foreclosure proceedings do not affect the right of a purchaser from the mortgagor prior to the suit for foreclosure, and not made a party to such suit.</p> <p>2. Construction—Mortgage.—A mortgage containing a clause that the mortgagor shall have possession, without paying rent, of the mortgaged property until a fixed date, is not to he construed thereby to confer the right of possession thereafter to the mortgagee.</p> <p>3. Contract—Construction.—The maxim, that “the express mention of one thing implies the exclusion of another,” is ordinarily used to control, limit, or restrain the otherwise implied effect of an instrument, and not to “annex incidents-to written contracts in matters with respect to which they are silent.”</p> <p>4. Cross-bill in trespass to try title.—A defendant claiming under such foreclosure sale may, by cross-bill, be subrogated to the rights of the mortgagee to the extent of his purchase-money, and compel an adjustment of the equities between the parties.</p>