Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 350

850 TROTTI V. HOBBY & POST. [Term of
Argument for the appellant.
During the trial, on the third day, by leave of tloe court, the
plaintiffs amended their petition " as to description of the land
" mentioned in the mortgage."
On the trial plaintiffs read the note declared on and the mortgage
upon "a tract of land in and adjoining the town of Jas"
per, Texas, containing eighty acres, more or less, purchased of
" F. Hfollman and wife, and known as the Trotti place," to
secure the note.
F. Hollman testified (defendant having been notified to produce
the deed from Hollman and wife to Trotti) that he sold a tract
of land adjoining the town of Jasper on the north, containing
about eighty acres, to defendant, Trotti; that the boundaries
of the land were the same as those set out in the amended
petition, filed 22d July, 1873. On cross-examination witness
stated that he made a deed for said land to Trotti at the time
of his sale, and that said deed contained no other exceptions or
reservations than as mentioned in said amended petition, filed
22d July, 1873, according to his recollection.
Defendant introduced evidence of shipment of cotton and
hides, etc., by him to plaintiffs, and correspondence in support
of the plea of payment.
Defendant then produced the original deed fi'om Hollman
and wife to Trotti, which was read, and thereby it appeared
that other exceptions were made out of the tract than as described
in the amended petition; and that foreclosure was
sought on lands not mortgaged; whereupon, over exceptions of
the defendant, and on 28th July (tile trial having begun on
25th) the plaintiffs filed a second amendment 'conforming the
description of the land to that given in the deed, instead of
the boundaries as testified to by Hollman.
There was conflict of testimony as to the matters pleaded in
payment.
Verdict and judgment'for plaintiffs, and for foreclosure of the
mortgage. Trotti appealed.
9;,pscomb Xorvel, for appellant, cited Love & Chappell v.