Public-domain · open source
OpenJurist

37 Tex. 310

Brightman v. Word

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

<p>Appeal from Goliad. Tried below before the Hon. Daniel D. Claiborne.</p> <p>The head-note sufficiently indicates the facts of the case.</p>

Decided 1873-07-01

Walker, J.

¶1The property in the negro woman and child did not pass absolutely under the mortgage, but taking a mortgage over other property than the land sold, released the vendor’s lien.

¶2When the slaves were emancipated, they were still the property of the mortgagor, and the maxim res perii, domino must apply; but the court erred in decreeing a vendor’s lien.

¶3The judgment of the District Court must be reversed and the cause remanded.

¶4Reversed and remanded.

/37/tex/310 · .json · Public domain