Ricks v. Pinson
Texas Supreme Court
Error from Anderson. Tried below before Hon. J. E-Reagan. Suit upon a note expressing in the body of it a mortgage upon certain negroes. The defendant below failed to answer, and a judgment by default was rendered for the amount of the note, and for the sale of the mortgaged property.
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Error from Anderson. Tried below before Hon. J. E-Reagan. Suit upon a note expressing in the body of it a mortgage upon certain negroes. The defendant below failed to answer, and a judgment by default was rendered for the amount of the note, and for the sale of the mortgaged property. This judgment the plaintiff in error seeks to have reversed, and in his petition assigns as error, “ that the Court could not, under a judgment, foreclose the negroes mentioned in the decree, without proving the facts by a jury and “ that the Statute only authorises the rendition of a judgment for money in case…
1Opinion of the Court
Hemphill, Oh. J.
This suit is on a promissory note with a mortgage on two negroes, to secure the payment, the whole embraced in one instrument.
The defendants having made default, there was judgment for the amount of the note, and for the sale of the property mortgaged.
The plaintiff in error insists that there was error in giving judgment on the mortgage, without the intervention of a jury ; that under Art. 812 the Court -is not authorised to find any fact; that the Clerk or a jury, if asked by the parties, shall assess the damages on liquidated demands, proved by instruments of writing; but if…
2Cases cited1 opinion
- Levert v. RedwoodSupreme Court of Alabama · 1839
3Cited by3 opinions
- Farr v. WrightTexas Supreme Court · 1863
- Head v. City of GainesvilleCourt of Appeals of Texas · 1923
- Head v. City of GainesvilleCourt of Appeals of Texas · 1923