64 COOK v. STEEL. [Tyler Term,
Statement of the case.
the indebtedness from defendant, including the note and
sundry items furnished at his instance, (bill of particulars
being set out,) was $215.48; that five bales of cotton were
raised on the plantation, all of which were subject to the
mortgage, (charged with the rent;) that two bales were
seized by distress warrant to secure the rent, leaving three
'bales; that defendant, Cook, had caused the said three bales
to be seized and sold under an execution in his favor on
December 26, 1873, at which sale Cook became the purchaser,
well knowing the rights of plaintiffs in said bales;
that under such pretended sale Cook took and appropriated
the three bales, worth one hundred and fifty dollars.
Attached to the petition was a bill of items, with prices,
&c.; also copy of the mortgage conveying to Steel, Furrh
& Co. "all the cotton that I shall raise or grow, or have
raised or grown, during the year 1873, on the followingdescribed
lands," * * * * "there being about twentyfive
acres of land now planted in cotton on said place,"
* * * authorizing the grantees " to take possession of
said cotton and sell the same, at any time after the same
can be gotten ready for market, for cash," &c.
The mortgage was acknowledged for record, the notary
taking the acknowledgment certifying that the said George
W. Carmichael, " being duly sworn, deposes and says that
he signed, sealed, and delivered the said mortgage for the
purpose therein contained." In other respects the certificate
The cotton was seized under a writ of sequestration, and
was replevied by Cook.
Carmichael accepted service, and "says nothing why
plaintiff should not recover in said cause." Cook was
served with citation.
Judgment by default was rendered, reciting "that the
cause of action is liquidated and proven by an instrument
of writing, and by the written acceptance of service and
acknowledgment of the said G. W. Carmichael," and dam
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 November 26, 2015.