Bledsoe v. Wills
Texas Supreme Court
Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by the defendant in error, against the plaintiff in error, upon a promissory note for $>200, with interest at ten per cent., and to foreclose a mortgage given, as alleged, to secure its payment.
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Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by the defendant in error, against the plaintiff in error, upon a promissory note for $>200, with interest at ten per cent., and to foreclose a mortgage given, as alleged, to secure its payment. The jury returned the following verdict: “We, the jury, “find for the plaintiff the amount of the note, with 10 per cent, “from date;” whereupon the court gave judgment in favor of the plaintiff, for the sum of $>305, and interest thereon, at the rate of ten per cent; “and further, that the note sued on is a “part of the consideration…
1Opinion of the CourtRoberts, J.
The verdict in this case, will not sustain the judgment foreclosing the mortgage, because there is an entire omission to find anything in relation to the mortgage. (See May v. Taylor, supra 348.) The judgment of the court must correspond with, and be only the legal result of, the facts found in the verdict.
Another question is presented, upon the special exception of Bledsoe, that “ the note, upon which said suit purports to be “founded, is not sufficiently described and set forth in said petition, nor is the same attached as a part thereof.” The pleader has not attempted to set out the note…
2Cited by11 opinions
- Preston v. BreedloveTexas Supreme Court · 1876
- Graves v. DraneTexas Supreme Court · 1886
- Holland v. W. C. Belcher Land Mortgage Co.Court of Appeals of Texas · 1922
- Thompson v. AlbrightCourt of Appeals of Texas · 1889
- Tipton v. TiptonCourt of Appeals of Texas · 1907
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