Graham v. Vining
Texas Supreme Court
This case, so far as the principles involved' in the decision • are concerned, is so fully stated in the opinion of the court ■that it is deemed unnecessary to make any further reference to the facts presented in the record. This suit is brought not upon the monied claim against the administrator of the estate of Yining, but to enforce the spe•cific lien on the mortgaged property.
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This case, so far as the principles involved' in the decision • are concerned, is so fully stated in the opinion of the court ■that it is deemed unnecessary to make any further reference to the facts presented in the record. This suit is brought not upon the monied claim against the administrator of the estate of Yining, but to enforce the spe•cific lien on the mortgaged property. Acts of 1846, p. 393, •sec. 118, and the mortgage act of 1840, p. 69. The law gave the appellant three separate and distinct remedies. One by a suit upon the original note or debt, without reference to the mortgage;…
1Opinion of the CourtJustice Lipscomb
The appellant filed his petition against the defendants, in *436substance as follows, i. e.: “That on the 8th day of March, 1844, John J. Yining,.since dead, being indebted to petitioner the sum of seven hundred and thirty-five dollars and fifty cents, payable on or before the first day of January thereafter, with ten per cent, interest upon the same, from the time of payment, to secure the payment of the said sum at the said time, the said John J. Yining mortgaged to petitioner a certain tract of land situated in the town of Clarksville in said county, being lot No. 7, in block No. 3, in the…
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