Tinsley v. Boykin
Texas Supreme Court
Appeal from Brazoria. Tried below before the Hon, A. P. McCormick. Boykin brought suit, on the 25th of May, 1873, against Tinsley, on three notes: one for $145, upon which he asked a judgment in personam; one for $291.23, dated August 1, 1872, due one day after date; and one for $497.42, dated August 1,1872, and due February 1, 1874. The two last notes, he alleged, were secured by a mechanics’ lien on the homestead of Tinsley, embracing fifty acres of land.
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Appeal from Brazoria. Tried below before the Hon, A. P. McCormick. Boykin brought suit, on the 25th of May, 1873, against Tinsley, on three notes: one for $145, upon which he asked a judgment in personam; one for $291.23, dated August 1, 1872, due one day after date; and one for $497.42, dated August 1,1872, and due February 1, 1874. The two last notes, he alleged, were secured by a mechanics’ lien on the homestead of Tinsley, embracing fifty acres of land. He prayed for a judgment foreclosing his mechanics’ lien on the dwelling-house and the fifty acres, and for a sale of the same, to…
1Opinion of the Court
Roberts, Chief Justice.
The judgment rendered is not authorized by the verdict. It is well settled, that when a mortgage is given to secure two or more notes, payable at different times, it may be foreclosed when there is a default in the payment of the note first due; and, in doing so, it is proper that the land mortgaged should, in accordance with the provision of our statute, be sold. The existence of the notes not then due should be averred, and their validity as a lien on the land established, in the suit for foreclosure, as was done in this case in the plaintiff’s petition, in the proof…
2Cases cited1 opinion
- Walker v. HallettSupreme Court of Alabama · 1840
3Cited by14 opinions
- Pool v. SanfordTexas Supreme Court · 1880
- Hurley v. BarnardTexas Supreme Court · 1877
- Gaylord v. LoughridgeTexas Supreme Court · 1879
- Warren v. HarroldTexas Supreme Court · 1899
- Ferguson v. Ashbell & SimpsonTexas Supreme Court · 1880
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