Menard v. Sydnor

Citations

• 29 Tex. 257

Syllabus

<p>Where there is no such averment as would make the separate estate of the wife liable for the debt, it is error to render a money judgment against her on a joint contract with her husband. (Paschal’s Dig., Art. 4643, Note 1052.)</p> <p>A judgment must be warranted by the case made by the pleadings, and if it be against such case, it will be reversed. (Paschal’s Dig., Art. 1476, Note 572.)</p> <p>Where the suit was upon a deed of trust, under which the plaintiff had the right to sell the land, first privately, and afterwards publicly, and to pay himself his debt, and to pay the defendants the balance, but if the sale did bring enough to pay the amount, then that lesser sum should be taken in satisfaction of the debt, the failure to sell did not enlarge the rights of the mortgagee, but he was bound by the whole terms of his contract.</p> <p>As men bind themselves, so must they stand bound.</p> <p>When the terms of a contract are free from ambiguity, and not such as are against the policy of the law to enforce, they establish the rights of the parties in the subject-matter, which will be protected and enforced by the courts.</p>