Chilson v. Reeves
Texas Supreme Court
Appeal from Burleson. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. Reeves sued Chilson and wife to recover three lots, which had been sold to them under a decree of foreclosure of a mortgage on these same lots, in the town of Caldwell.
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Appeal from Burleson. The case was tried before Hon. Robert E. B. Baylor, one of the district judges. Reeves sued Chilson and wife to recover three lots, which had been sold to them under a decree of foreclosure of a mortgage on these same lots, in the town of Caldwell. The defendants plead the general issue, and also that there had been an agreement, that the plaintiff (who was also plaintiff in the foreclosure suit) should bid off the property for the defendants at sheriff’s sale, and that the defendants should not be required to pay the purchase-money until it suited their convenience, or,…
1Opinion of the CourtCoke, J.
The first and second assignments of error will be considered together. These allege error in the ruling *279of the .court refusing a continuance of the case, first, on the original motion, and afterwards on the amended or additional motion for continuance.
We are of opinion that neither of these assignments is well taken. The first affidavit is manifestly insufficient under the statute prescribing the requisites for the first application, as it fails to show any diligence whatever, or any effort by the appellant to ascertain the residence of the witness, Luby..
The second affidavit, filed after the…
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