Opinion

Brown v. Horless

  • 22 Tex. 645
Court
Texas Supreme Court
Filed
Jul 1, 1859
Status
Published
Author
Roberts
On the bench
Roberts
Cited by
1 cases
Authority
More cited than 57.7%

The opinion

Roberts, J.

There being no judgment for any amount, it must be reversed; and although the verdict, by a liberal construction, might be held to authorize a judgment here for the amount of the note, less the offsets, which was probably meant by the jury, still the verdict is defective in another respect. The jury find “that the note was executed for the land set out in the plaintiff’s petition.” The land is not, in fact, set out in the petition; but is identified by reference to a deed “ which will be offered in evidence.” As the case now stands, we cannot properly render a judgment ordering the land to be sold in payment of the debt, as there are no allegations in the pleading, describing it.

The judgment is reversed, and the cause remanded.

Reversed and remanded.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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