Brothers v. Mundell, Munzesheimer & Co.

Citations

• 60 Tex. 240
• 1883 Tex. LEXIS 311

Syllabus

<p>1. Bill of exceptions.— A bill of exceptions to the rejection of evidence offered, which fails to set forth the specific testimony rejected, but which recites that “ the defendant offered evidence to pi'ove actual and exemplary damages, to which plaintiff objected, because there was no allegation in defendant’s answer to admit such evidence,” is not sufficient. There being nothing to show what the rejected testimony was, the pz-esumption must prevail that what was offered did not correspond with the allegations in the pleading.</p> <p>2. Chattel mortgages.— It was the intention of the act of April 22, 1879 (R. S., App., p. 15), to dispense with the registration in full of chattel mortgages, and to provide in lieu of it for the deposit with the clerk of the oi'iginal mortgage itself, or a true copy of it, there to be kept for the inspection of the parties interested, and to have a minute of the mortgage entered in a book, so that it might be perceived what were its contents, date of filing, etc.</p> <p>•3, Filing of chattel mortgage.— An indorsement on a chattel mortgage by the county clerk, that it had been “filed for record’’ on a certain day, and that it had been recorded in a book for the registry of deeds, properly certified, is not evidence of such a deposit and filing of the mortgage as is required by the act of April 27, 1879. B. S., App., p. 15. Such an instrument is not admissible in evidence as against creditors of the mortgagor, and as against creditors and as against subsequent purchasers and mortgagees in good faith, and as to them is void.</p> <p>4. Construction of statutes.— When the statute of another state is adopted in Texas, the presumption must prevail that the legislature intended to adopt with it the settled construction given to it by the courts of the state from which it was borrowed.</p> <p>5. Chattel mortgage.— When possession of property described in a chattel mortgage remains with the mortgagor, and the instrument is not filed as requi