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: 244
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214 TAYLOR V. HIUDGINS. [Term of
Opinion of the Court.
Legg v. iMcNeil, 2 Texas R., 429; Graves v. Hall, 27 Texas
For this reason the appeal by the intervenor will be dismissed.
T. M. TAYLOR V. I. L. HUDGINs.
1. PRINCIPAL AND AGENT-NON EST FACTUM. An agent acting under power
of attorney which authorized him "to mortgage, hypothecate, or
create a lien" on the lands of his principal, borrowed a sum of money
for which he executed a note, and secured it by a deed of trust, made at
the same time on the land of his principal. Suit was brought against
the principal on the note and to foreclose the mortgage. Defendant
pleaded non estfacturn, as to the note only, which, notwithstanding the
plea, was admitted in evidence with the deed of trust, with no further
evidence of its execution than that afforded by the deed of trust.
Held, 1st, that there was no error, the deed of trust and note constituting
one transaction; the note being evidence of the debt, and the trust
deed both evidence and security. 2d, The trust deed alone was sufficient
without a note to authorize a judgment for the debt and a decree
2. 'POWER OF ATTORNEY. Such a power of attorney will be construed as
authorizing the agent to negotiate a loan for his own or his principal's
APPEAL from Tyler. Tried below before the Hon. H. C.
Q. M. Crasson, for appellant.
IF.. . Cline, for appellee.
DEVINE, J. On the 24th of October, 1854, appellant executed,
delivered, and acknowledged for record his power of
attorney to I. H. Finch, of the county of Orange, in which
he authorized Finch, as his true and lawful attorney, to act for
him, and in his " name, place and stead, to mortgage, hypothe"cate,
or create a lien upon all or any portion of my (his)
"lands, being situate in this State aforesaid, with the appnr
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/252/: accessed August 23, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .