Griffith & Wedge v. Morrison
Texas Supreme Court
Error from Anderson. Tried below before the Hon. Peyton F. Edwards. This was a suit brought, by the plaintiffs below and plaintiffs in error, Griffith & Wedge, against the defendants, John D. Morrison and John A. Matthews, praying as against Morrison a personal judgment on three promissory notes, made, executed and delivered by him to the plaintiffs, and a judgment foreclosing a lien given by him to secure notes on a certain tract of land; and praying as against both…
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Error from Anderson. Tried below before the Hon. Peyton F. Edwards. This was a suit brought, by the plaintiffs below and plaintiffs in error, Griffith & Wedge, against the defendants, John D. Morrison and John A. Matthews, praying as against Morrison a personal judgment on three promissory notes, made, executed and delivered by him to the plaintiffs, and a judgment foreclosing a lien given by him to secure notes on a certain tract of land; and praying as against both defendants, a judgment subjecting a certain steam engine and saw mill also to the payment of the notes. The material facts of…
1Opinion of the Court
Bonner, Associate Justice.
The first assigned error is as follows:
“ First. After charging the jury that ‘ the record of a mortgage in the proper county is notice to all persons, whether they actually knew of the record or not, by what is called constructive notice,’ the court erred in charging that the mortgage or deed of trust on the engine not being recorded in Anderson county within four months from the time the property was removed into that county, was not constructive notice to Matthews; making the plaintiff’s' right to recover against the defendant Matthews depend on the inquiry whether…
2Cited by12 opinions
- Skov v. CoffinCourt of Appeals of Texas · 1911
- Holmes v. TynerCourt of Appeals of Texas · 1915
- City National Bank v. TuftsTexas Supreme Court · 1885
- Reo Motor Car Co. of Texas v. BarnesCourt of Appeals of Texas · 1928
- Sinker, Davis & Co. v. ComparetTexas Supreme Court · 1884
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