Trotti v. Hobby
Texas Supreme Court
Appeal from Jasper. Tried below before the Horn H. 0. Pedigo. Hobby & Post sued J. F. Trotti and Lewis H. S'elig on a promissory note executed by Trotti to plaintiffs, secured by mortgage on eighty acres of land adjoining the town of Jasper, of which land Selig was in possession under a purchase from Trotti; judgment was asked for amount of the note and foreclosure. By amendment, July 22d, 1873, plaintiff set out the land by metes and bounds.
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Appeal from Jasper. Tried below before the Horn H. 0. Pedigo. Hobby & Post sued J. F. Trotti and Lewis H. S'elig on a promissory note executed by Trotti to plaintiffs, secured by mortgage on eighty acres of land adjoining the town of Jasper, of which land Selig was in possession under a purchase from Trotti; judgment was asked for amount of the note and foreclosure. By amendment, July 22d, 1873, plaintiff set out the land by metes and bounds. Defendants answered general denial, payment and release • of the mortgage. During the trial, on the third day, by leave of the court, the plaintiffs…
1Opinion of the CourtDivine, J.
The errors assigned, the principal ones being embraced in the bill of exceptions, will be considered, so far as deemed material to notice, in the order in which they were presented on the trial.
The first is that the court erred in overruling defendant’s demurrer to plaintiffs’ petition and amended petition. The general demurrer of defendant was properly overruled. The petition states a good cause of action against Trotti; it charges that Seelig is in possession of the mortgaged premises under a pretended conveyance from Trotti, with a prayer for citation to the defendant, for judgment for the…
2Cited by3 opinions
- Ex Parte TowlesTexas Supreme Court · 1877
- P. C. Tomson & Co. v. HeidenheimerCourt of Appeals of Texas · 1897
- Pennington v. SchwartzTexas Supreme Court · 1888