Bridges v. Reynolds

Citations

• 40 Tex. 204

Syllabus

<p>1. In a suit on note which, according to its terms, was given for land, if the petition correctly describe the land, and the defendant fail to answer, judgment by default may be rendered foreclosing the vendor’s lien and directing the sale of the land, without the intervention of a jury.</p> <p>2. -But if it appear from recitals on the face of the note that the land had been conveyed by the purchaser to a third party before the execution of the note, no judgment ordering a sale of the land should be rendered in a proceeding to which the second purchaser is not a party.</p> <p>§. When service of petition is accepted and five days notice waived by a defendant, and the petition is not filed by the first day of the term, no judgment by default can be taken at that term.</p> <p>4. A promissory note which binds the maker to pay “ in gold, or its equivalent in United States currency,” entitles the debtor to pay either in gold or United States currency in amount equal to the value of the gold at the maturity of the debt, at the debtor’s option; but if the debtor fail to make a tender in currency, upon suit judgment may be rendered against him for gold, as a liquidated demand, without the intervention of a jury.</p>