Chator v. Brunswick-Balke-Collender Co.

Citations

• 71 Tex. 588
• 10 S.W. 250
• 1888 Tex. LEXIS 1189

Syllabus

<p>1. Chattel Mortgage—Secondary Evidence—Locality of Personalty.—Suit upon promissory notes against maker and to foreclose a chattel mortgage made to secure the notes, the purchaser of the mortgaged articles was made defendant. The mortgage was attested by one witness and not acknowledged for record. The original, however, was deposited in the office of the county clerk of the county wherein by its recitals, the maker resided. The defendants pleaded a general denial, held,</p> <p>(1) There being no plea of non est factum, the production of the mortgage in evidence was competent against the maker without further proof of its execution.</p> <p>(2) The admission of testimony to the signature of the maker by witnesses other than the subscribing witnesses was not erroneous where it appeared that the subscribing witness was without the jurisdiction of the court. (See facts held, sufficient to show his absence.)</p> <p>(3) The acknowledgment or proof for registration is not necessary where the original of a chattel mortgage is deposited with the county clerk of the proper county. This disposition of the mortgage is notice.</p> <p>(4) The mortgage recited the residence of the maker. This is prima facie evidence to the locality of the property, indicating where the mortgage should be deposited as a record.</p>