May v. Taylor
Texas Supreme Court
Appeal from Gronzales. Tried below before the Hon. Fielding Jones. This action was brought in the court below, by the appellee, against the appellant, upon a promissory note, given by appellant for a tract of land, purchased by him at an administrator’s sale. The note was secured by mortgage upon the land sold.
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Appeal from Gronzales. Tried below before the Hon. Fielding Jones. This action was brought in the court below, by the appellee, against the appellant, upon a promissory note, given by appellant for a tract of land, purchased by him at an administrator’s sale. The note was secured by mortgage upon the land sold. The petition, besides claiming a judgment upon the note, alleged the fact that it was secured by mortgage, which was set out and made a part of the petition, with a prayer of foreclosure. Among other matters, answered by defendant, was the following: “and further answering, defendant…
1Opinion of the CourtRoberts, J.
There are two grounds of error, well assigned, in this case, to wit, striking out the plea of payment, and rendering judgment on the mortgage.
The plea of payment is general, without specification of time and place, with certainty, and would have been subject to a special exception, regularly filed. A motion to strike out would be more appropriate, when the plea may be treated as a nullity, or when it is wanting in some essential requisite, as an affidavit, when that is necessary to its validity. A defence, defectively set forth, should be excepted to specially. It is presumed, that the court…
2Cases cited1 opinion
- Patterson v. United StatesSupreme Court of the United States · 1817
3Cited by19 opinions
- Ablowich v. Greenville Natl. Bank.Texas Supreme Court · 1902
- Weinstein v. National Bank of JeffersonTexas Supreme Court · 1887
- Western Union Telegraph Co. v. JeanesTexas Supreme Court · 1895
- Agnew v. Coleman County Electric CooperativeTexas Supreme Court · 1954
- Handel v. ElliottTexas Supreme Court · 1883
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