Wallace v. Hunt
Texas Supreme Court
Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by the defendant in error against the plaintiffs in error, David and Henly Wallace.
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Error from Lavaca. Tried below before the Hon. Fielding Jones. Suit by the defendant in error against the plaintiffs in error, David and Henly Wallace. The plaintiff in the court below alleged, in his petition, that the defendants were “justly “indebted to him, in the sum of $184 50, with interest thereon “from the 5th day of February, 1856, at the rate often per “cent, per annum ; in this, that the said David and Henly Wallace, for valúe received, jointly and severally promised to pay, “twelve months after the 5th day of February, 1856, to your “petitioner, or his order, said sum of $184 50,…
1Opinion of the CourtRoberts, J.
The note is properly set out, and the mortgage is described generally, without its tenor being given, except that the field notes of the land are set out. The exception *650being general, does not reach the defect. (Warner v. Bailey, 7 Tex. Rep. 517.)
The omission, in the petition, of the Christian name of the Wallace who executed the mortgage, should have been taken advantage of by special exception, pointing out that defect, rather than by an exception to the evidence when the 'mortgage was offered. There is no statement of facts, and therefore it is not in condition to be revised on its merits.
J…
2Cases cited1 opinion
- Warner v. BaileyTexas Supreme Court · 1852
3Cited by1 opinion
- Graves v. DraneTexas Supreme Court · 1886