Morrison v. Bean
Texas Supreme Court
, Error from Gonzales. Tried below before the Hon. Eielding Jones. Morrison, the plaintiff in error, gave to J. R. Wintz a note for $3,025 50, which he secured by mortgage on lands and negroes. Wintz transferred the note to Bean, the defendant in error, after its maturity.
Read the full summary
, Error from Gonzales. Tried below before the Hon. Eielding Jones. Morrison, the plaintiff in error, gave to J. R. Wintz a note for $3,025 50, which he secured by mortgage on lands and negroes. Wintz transferred the note to Bean, the defendant in error, after its maturity. Bean instituted suit, setting out the note and mortgage, praying for judgment on the note, and decree of foreclosure of the mortgage, and averring that the mortgage was on file in the same court, in another cause. On the trial of the cause, the court permitted the plaintiff below to read in evidence a certified copy of the…
1Opinion of the CourtBell, J.
We are of opinion, that the court below erred in permitting the plaintiff to read in evidence, the copy of the mortgage from Morrison and wife to Wintz. The plaintiff did not show himself entitled to use a copy, instead of producing the original. His petition stated that the original mortgage was on file amongst the papers of another cause, in the same court in which the trial of this cause was progressing. He could not, therefore, and did not make affidavit that the original instrument was lost, or that he could not procure it.
Article 742 of Hartley’s Digest, provides “that if suit be *555“brough…
2Cited by1 opinion
- Golin v. StateCourt of Criminal Appeals of Texas · 1897