People's Finance Co. of Dallas v. Sabanovich

This case is fully stated in the opinion of the Court of Civil Appeals [16 S.W.(2d) 897], and we shall refer only to such of the facts as relate to the one question in the case, viz. whether a surety on a note, having the defense of material alteration, ratified the same by bringing suit (after he had discovered the alteration) against the payee, the principal, the other surety and the parties in possession of the mortgaged property securing payment of the note, and alleging in his sworn petition his liability as a surety for the full amount of the note, and asking for and obtaining the…