Wallis, Landes & Co. v. Taylor

Citations

• 67 Tex. 431
• 3 S.W. 321
• 1887 Tex. LEXIS 901

Syllabus

<p>1. Mortgages.—Ho valid mortgage can exist in the absence of the consent of the parties to the contract, nor is the contract, even with consent, consummated until the delivery of the instrument which constitutes its written evidence. Thus, when a failing debtor placed on record a transfer of his stock of merchandise to designated creditors, who were never consulted and were in ignorance of the transfer, one of whom after-wards attached the goods, other creditors who subsequently consented and ratified the transfer acquired thereby no right as against the lien of the attachment.</p> <p>3. Cases Cited.—Foster v. Perkins, 43 Maine, 168; Oxhard v. Blake, 45 Maine, 603; Day v. Griffith, 15 Iowa, 104; Welch v. Saekett, 13 Wisconsin, 343; Miller v. Blinebury, 31 Wisconsin, 676; Jewett v. Preston, 37 Maine, 400; Maynard v. Maynard, 10 Massachusetts, 456, cited.</p>