Moses v. Clerk of Dallas District Court

Appellant assigns several errors in this case, but our examination will be confined to one, that which goes to the merits of the controversy.

Ruth Morrison made a mortgage to secure the plaintiff, Moses, in about the sum of eight hundred dollars. She afterwards sold the mortgaged premises to one Smith, who bought with a knowledge of the incumbrance, and obligated himself to pay the same. The money being due, Moses filed his petition for a foreclosure, making Morrison, the mortgagor, and Smith her vendee, parties. Upon the first *140hearing plaintiff obtained a decree against the mortgagor for the…