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: 351
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1875.] TROTTI V. HOBBY & POST. 351
Opinion of the Court.
McIntyre, 3 Texas, 10; Sayles' Prac., 549; 2 Parsons on Con
tracts, 632, 633; 1 Story's Eq. Jur., Sections 459a-459g.
Jas. B. Jlorris, also for appellant, cited Stroud v. Springfield,
28 Texas, 649; George v. Thomas, 16 Texas, 74; Dalby
v. Booth, 16 Texas, 565; McArthur v. Henry, 35 Texas, 801;
Mlatossy v. Frosh, 9 Texas, 610; Paschal's Digest, 54; Jennings
v. Moss, 4 Texas, 454; Croft v. Rains, 10 Texas, 523;
DeWitt v. Jones, 17 Texas, 620; 1 Hilliard on Mortgages,
485; 2 Hilliard on Mortgages, 458; Wallis v. Laney, 16 Alabama,
738; 2 Washburn, Real Property, 178; Sherwood v.
Dunbar, 6 California, 53; Swain v. Seaman, 9 Wallace, 254;
Bronson's Ex'r v. Chappell, 12 Wallace, 682; 8 B. Monroe,
542; 2 Parsons on Contracts (5th ed.), 682-686; 1 Story's
Eq., Section 385.
Hlobby and Peeler & Fisher, for appellees.
DIVIrE, J. The errors assigned, the principal ones being
embraced in the bill of exceptions, will be considered, so far as
deemed material to notice, in the order in which they were
presented on the trial.
The first is that the court erred in overruling defendant's demurrer
to plaintiffs' petition and amended petition. The general
demurrer of defendant was properly overruled. The petition
states a good cause of action against Trotti; it charges that
Seelig is in possession of the mortgaged premises under a pretended
conveyance from Trotti, with a prayer for citation to
the defendant, for judgment for the amount due, with the
usual prayer for a decree of foreclosure, and order of sale, etc.
The second assignment is that, "The conut erred in overrul"ing
defendant's motion to exclude the testimony of Hollman, a
"witness for the plaintiff as to his evidence."
Plaintiffs called the witness F. Hollman, who with his wife
had conveyed the mortgaged premises to defendant Trotti. In
the deed from defendant to plaintiffs he described the mortgaged
premises as c" a tract of land lying and adjoining the
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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/m1/359/: accessed July 27, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .