Brown v. Moore

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. A. P. McCormick. On the twentieth day of July, 1858, Mary E. Moore (appellee) and her husband, James W. Moore, executed and delivered to Eliza E. Brown (appellant) their note for $1100, due January 1, 1859, and secured its payment by deed of trust to Oscar Farish, executed in due form, of same date, conveying to him, in trust, lots 12,13 and 14, block 136, with improvements, in the city of Galveston, and two slaves.

Cited in Bouvier (1914)’s definition of “Acknowledgment”

Good law ✅— No negative treatment on recordhow we know

Decided 1873-07-01

How this case has been cited

Cited by 10 later decisions — most recently March 1963

10 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.

¶1James W. Moore and Mary E., his wife, to secure the payment of $1100 to Eliza A. Brown, executed a deed of trust to Oscar Parish over lots 12, 13 and 14, in block 136, in the city of Gralveston, together with two slaves. The trustee took the acknowledgment of the wife to the deed. The property mortgaged was her separate property. The trustee was interested in the conveyance to the extent of his commission, and was therefore incompetent, as an officer, to take an acknowledgment of the deed. Authorities are sufficiently referred to in the able briefs of counsel to this point. We think the law is well settled; hnd though there are other questions raised in this record of a deeply interesting character, we will decide this case upon the point already stated, referring to our opinions in other cases for the settlement of all other questions involved. The judgment of the District Court is affirmed.

¶2Affirmed.