The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-05-19
HIGHEST COURT DECISIONS.
Synopses Of Opinious Handed Down
OF. the Latest Sitting.
RENDERED BY THE SUPREME COURT
Failure tn File q Lien for RccOrd IL
Ncgiiucncc, and the NcSitEeut
Party Must suffer.

Austin. Texas. May l7.--Foilowins arc
synopses OF tho opinions delivered by the
supreme court today:
SOUTHERN BUILDING AND LOAN AS
ISOLATION ut Al VS.. IDA IA. BRAUN
EFT ET Al suit ON promsssory nole
and to forcclosc the venuors hen We.
curing same. from poNar county, Tourth
district---Revcrsed and remanded.
on February &C. 1899. "a. A. brown war
tho owner OF a certain note for $1,000, Sc
cured by a vendors lieu retained In u duly
recorded deed executed by him to w. j..
Brown. A. A, Brown transferred shis
note and all OF his Interest IN the ltnd
securing same to Luxembourg and others Oh
April 30. 1897, and on the next day said
truustorers Endorsed tho note 10 MIA,
prackott as collateral security for note
executed by them to her tor money that
dav loaned to them by her. On Jily ~,
lSQ'. w. l., Brown rcconvenryed ttr lots
o.. which tho $4,000 note was secured 10
A A. Brown. and executed Tor IN" lrt-
tcr's accommodation hunlloAie cr tpo
note held by Mrs. Bracket. In iSh, ~
A. Brown borrowed from tho Soi-'"rn
Hhiidirs aud Loan association $2lo0, fer
which hc executed his note, secured by a
trust deed on the lands mentt, led Ia he
decd OF reconvcSanco from W. j., To y.
A Brown, and at tho same time aud as
Iart Of the same transaction delivered TO
the Loan association the promissory note
above described as being Il duplicate OF the
one held hv Mrs. Bracket. The uus, hce''
stimulated that the Loan asnoolmleh
phould Ne suhrogated to "ail 0f ,h, riehia
remedies nnd llons OF the original owners
and holders Of said vendors lien Whou
the above mentioned transaction toos
place between brown aud the Loan hsso'
citation the latter had no knowledge of th'
existence of the note and lieu held b,
Mrs. Bracket
This suit was brought by Mrs. Brackctt
upou the promissory motto held b, hcr an
TO forcciose tho vendors lien upon til,
land described IN the deed from a. A.
to w l.. Brown. she claiming such iiet
to bo superior TO that evidenced by tn,
rutc and trust deed executed by n. a.
Ercwr to the Loan association. The inar
association answered coutesting pfiortt>
OF nor lien There was y ~ lsmrni Ion
plaintiff IN tho trial court, which VAS az
fi,mcd on appeal TO the cour: OF ctr'i mp
rcHlN
Mrs. Bracket hal the rIgh,. when
she took the noto AZ ,u,latctfl, ~ cause tc
be fled for record the transfer thereof
from A. A, brown 10 Iu2c1bure and
otNtiH. lncfcNF RltctnF " 'NNN9h WV
power OF the Brown 20 impair hor lien OF
isnchr upon any othNr per .Hn 10 whom
they might subsequently scrl or mortWg,
the lsna She neglected to 40 ~ and there
by enabled them To secure from the l.oar
association. which hna no means Of OBJ
thinning information of her clllni, liar
upon the land both Mrs iirackott and
the l.oau aRsorintinn acted N Luai fnltt
in attempting TO secure their respost'N'
claims on the laud The former was reg
liccnt and the latter was not IN. negi''
gen, party must bear the loss ts7 Texas
,Sa: 20 Texas. 46i) The judy meat ~ re
| ycracd IN so faf ns II fixes prior l.'
| ON the land in favor Of Mrs Bracsott In al
| other respects IT is affirmed.
| We place our decision upon the grounds
| that tho lien of the Loan association II
based upon the trust deed accur'rg none,
then loaned the duplicate note having besl
transferred as additional secur,'y, an no
upon the mere purchase Of The duplicate
note. we express no opinion as to Mha'
would be i,s rights. were II merely hH'Sei
o. such note, as such o case ~ not
before us
2. The fact that the dupli'ue note con
tanned tho Endorsement that Il WAC IKE
cuted for the accommodation Of A. A.
Hrogn and that W. f.. brown wia not
iirhlo thereon, did rot hdioAte that u
was not IN fact the original Hen motto re-
fc.rod to and secured IN the deed from 4,
a. and W l.. BrbN1, nor did II tend IA
rsise any doubt AZ 10 a y lrown3 power
TO give first lea on the land TO the
Loan association.
Opinion by Denrnan. y.