Fisher v. Abney

Citations

• 69 Tex. 416
• 9 S.W. 321
• 1887 Tex. LEXIS 844

Syllabus

<p>1. Promissory Note — Presumption.—In a suit to foreclose a lien reserved in a note for unpaid purchase money, which note was one of several given to secure deferred payments, it will be presumed that the other notes were satisfied, when it appears that they were due before the filing of the petition.</p> <p>2. Outstanding Title — Parties.—While a defendant who is sued upon a note given for unpaid purchase money for land may successfully defend by showing an outstanding title superior to that of his vendor, the owner of the outstanding title is not a necessary party, and should not be compelled to litigate his title in a suit involving issues which can not affect him.</p>