Cannon v. McDaniel

Citations

• 46 Tex. 303

Syllabus

<p>1. Appeal—Jurisdiction.—When, of several defendants in an action, one only appeals, the ease will be considered on appeal only with regard to such matters as affect the rights of appellant.</p> <p>2. Administration—Estates of decedents.—Whilst it would be the better practice to present to an administrator, for allowance and approval, the mortgage, as well as the notes, against the estate, which it was executed to secure, yet the presentation and allowance by the administrator of the notes alone will be sufficient to authorize a suit to foreclose the mortgage.</p> <p>3. Administration—Judgment—Estates of decedents.—The fact that an affidavit, proving up notes against an estate, for allowance and approval, was made by one not a party to them, nor representing himself in the affidavit to he an agent of the party, cannot be made available, except in a direct proceeding to set aside the approval. The allowance and approval, being in the nature of a judgment establishing the notes, cannot be attacked in a collateral proceeding. The same rule applies, after approval, when, in the certificate of authentication for allowance, the word “payments” has been left out.</p> <p>4. Lien—Promissory note.—The assignee of a note secured by lien, may enforce the lien, as well as the payee, for the lien is an incident that follows the note.</p> <p>5. Jurisdiction—County Court.—Under the act of March 20, 1848, regulating proceedings in the County Court, the owner of notes, secured by mortgage on the property of an estate, could enforce his' lien in the County Court, and in no other court, unless there was some good ground for invoking the jurisdiction of the District Court.</p> <p>6. Discussed.—Danzey v. Swinney, 7 Tex., 626, discussed.</p> <p>7. Subrogation—Jurisdiction—Lien.—B purchased land from C, from whom he received a deed, and to whom he gave three notes, with D and and E as sureties for the purchase-money, and executed a mortgage to secure the same; afterwards C assigned to X