Texas Supreme Court July 1, 1870 (J. D. Blair & Co. v. Thorp)

Walker, J.

In his lifetime John L. Thorp was indebted to Straus & Co., to the amount of about $10,000. To secure the payment of which sum, joined by his wife, he executed the ordinary deed of trust, with power of sale, to G. Baer. The debt, it seemed, was not due, nor did it mature in the lifetime of Thorp.