Wiseman v. Baylor

Citations

• 69 Tex. 63
• 6 S.W. 743
• 1887 Tex. LEXIS 775

Syllabus

<p>1 Parol Trusts. — A creditor having a deed of trust upon property to secure his debt, instead of foreclosing the trust deed, accepted from Ms debtor a deed, absolute upon its face, under a parol contract, whereby the creditor agreed that in consideration of the execution of a deed absolute on its face, he would, hold the legal title until such time as the land would bring its highest market value, when he would sell the same, and pay to the vendor what might remain after liquidating the debt, with interest and taxes, held: The contract could be enforced after a sale of the land and the vendee compelled to pay over after satisfying the original debt, whatever might remain of the proceeds of the sale.</p> <p>8. Practice — Statement oe Pacts. — The Supreme Court can not impeach . the truth of a statement of facts agreed on by counsel, and signed by the trial judge. If any portion of it fails to agree with a bill of exceptions which refers thereto, there is no means whereby the Supreme Court can tell which is correct, or whether error was committed in the matter to which the exception refers.</p>