Goodgame v. Rushing

Decided July 1, 1872

Texas Supreme Court · decided 1872-07-01

Tried below before the Hon. John G. Scott. In 1867, Hushing made a mortgage to F. C. Good-game, to secure the payment of a certain note due by him to Goodgame, with power of sale, and constituting Goodgame the trustee to sell. The note remaining unpaid after maturi ty, Goodgame, in pursuance of the provisions of the mortgage, advertised the property in the mortgage mentioned, and sold the same at public outcry, and became the purchaser himself.

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Decided 1872-07-01

How this case has been cited

Cited by 6 later decisions — most recently April 1942

1 federal appellate · 5 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Walker, J.

¶1In this case the court instructed the jury as follows, to-wit:—“The defendant’s intestate, being the trustee of the plaintiff for the sale of the property under a chattel mortgage, had no right to bid off the property himself, and a sale made to himself upon such a bid was void, and vested no title to the property in him.”

¶2This is not the law in this State. (See 6 Texas Reports, p. 174, Howard v. Davis; E. B. Scott v. T. W. Mann and others, opinion delivered at the last term of trie court, 33 Texas, 735; 10 Johnson, 185.) It is deemed unnecessary to refer to other authorities; the court misdirected the jury.

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.