Sprague v. Ireland

Citations

• 36 Tex. 654

Syllabus

<p>In 1855, one C. conveyed land to a trustee, to secure payment of notes due January 1st, 1857; and the deed was duly recorded on the day of its-execution. On the 18th of April, 1857, C. made a second deed of trust on the same land, to secure other notes, payable at nine, eighteen, and twenty-one months thereafter ; and this deed also was duly recorded. In 1866, the trustee under this second deed sold the land to the defendant and appellant. The trustee under the first deed sold the land to the plaintiff and appellee in 1869 ; at which timé limitation had barred suit on the notes secured by this deed, and admitted to be unpaid. Held, that notwithstanding the notes secured by the first deed were barred at the date of the sale to the plaintiff, yet the trust and power of sale vested in the trustee by that deed were not barred or extinguished, and his sale vested in the plaintiff a good title as against the defendant, who purchased under the second deed though at the first sale. (Fisk v. Wilson, 15 Texas, 430, and Ware ®. Bennett, 18 Texas, 794, cited by the court.)</p>