1875.] CooK v. STEEL. 53
Statement of the case.
Court is to regard the judgment of that court as unfinished
business, to be completed by the issuance of such process,
including final executions, by the clerk of the District
Court, as may be necessary to carry the judgment of the
County Court into execution. In order that this may be
done, the judgment of the District Court is reversed, and
the appeal from the County Court to the District Court is
dismissed, leaving the judgment of the County Court to
be enforced as indicated in the opinion.
REVERSED AND DISMISSED.
W. B. COOK V. STEEL, FURRH & CO.
1. PARTIES-APPEAL.-A claimant of property sought to be sold under
a mortgage cannot complain, on appeal, of error committed not affecting
2. DEFAULT-APPLICATION TO SET ASIDE.-Such application must
show facts by which it appears that defendant has a meritorious defense.
It is not sufficient to state that he believes he has a just and
3. GROWING CROPS MAY BE MORTGAGED.-Cotton planted is subject
to mortgage regardless of its growth towards maturity.
ERROR from Harrison. Tried below before the Hon.
M. D. Ector.
Steel, Furrh & Co. brought suit against G. W. Carmichael
and W. B. Cook, alleging that on April 19, 1873,
Carmichael executed to plaintiffs-to secure them in a
note for $37.50 due them by him, and "for any and all
advances which might be made to said Carmichael by the
said firm, and for all supplies advanced and furnished him
during the year 1873-a mortgage upon all the cotton
which said Carmichael should raise upon the plantation
specified in the mortgage; that the mortgage was recorded
in Panola county on June 2, 1873; that the aggregate of
Texas. Supreme Court. 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.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed July 2, 2015.