Rankert v. Clow
Texas Supreme Court
Error from Calhoun. Suit by the defendant in error against the plaintiff in error, commenced February 14th, 1854, on two promissory notes secured by mortgages on certain lots in the town of Lavaca.
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Error from Calhoun. Suit by the defendant in error against the plaintiff in error, commenced February 14th, 1854, on two promissory notes secured by mortgages on certain lots in the town of Lavaca. The mortgages were made part of the petition, and contained a clause as follows : And for the purpose of advancing the payment of the debt aforesaid, the said R. J. Clow is hereby authorized to take possession of said property on the first day of November next, (1852,) and rent the same at monthly rents, and collect the same and apply the same, after deducting all reasonable expenses, to the…
1Opinion of the CourtWheeler, J.
In the case of Williams v. Bailes, (9 Tex. R. 61,) where a plea impeaching the consideration of a note under seal, was not supported by affidavit, as the statute requires, it was held, that the plaintiff, having gone to trial upon the plea without objection on account of the want of an affidavit of its truth, must be deemed to have waived the objec*11tion, and that the plea could not be treated as a nullity for the want of the affidavit. The principle of that decision is equally applicable to the present case. The plaintiff went to trial upon the plea of payment and in reconvention : and it was…
2Cited by17 opinions
- Ramsey v. DunlopTexas Supreme Court · 1947
- Texas Brewing Co. v. TemplemanTexas Supreme Court · 1896
- The Oriental v. BarclayCourt of Appeals of Texas · 1897
- Hollis v. HollisCourt of Appeals of Texas · 1974
- City of Laredo v. RussellTexas Supreme Court · 1882
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