Boydston v. Morris

Citations

• 71 Tex. 697
• 10 S.W. 331
• 1888 Tex. LEXIS 1209

Syllabus

<p>1. Evidence Secondary—Chattel Mortgage.—A certified copy of the record of a chattel mortgage is secondary evidence and incompetent in absence of testimony to the loss or destruction of the original.</p> <p>2. Same—Statute Construed.—Section 3 of act April 22, 1879 (2 Sayles’ Rev. Stats., art. 3190 b, see. 3), provides that a copy of a chattel mortgage duly filed for registration, certified to by the clerk in whose office it has been filed, “shall be receivedin evidence of the fact that such instrument * * was received and filed according to the endorsement of the clerk thereon, but of no other facts.” Such copy has no other statutory efficiency.</p> <p>3. Chattel Mortgage—Foreclosure.—The mortgagor sold corn subject to his mortgage. Suit was prosecuted to judgment by mortgagee against the mortgagor. The corn was used by the purchaser. The The mortgagee brought suit against the purchaser for the value of the corn, it being less than the amount secured by the mortgage. Held, 1. The suit against the mortgagor, without making5 the purchaser a party, ./as not an abandonment of the lien. 2. That the mortgagor was not a necessary party in suit by mortgagee against the purchaser. 3. The purchaser was responsible; the measure being the value of the com subject to the lien which he had used.</p>