Price v. Cole

Citations

• 35 Tex. 461

Syllabus

<p>1 In an agreed case, prepared under Article 1516, Paschal’s Digest, the agreement of the parties comprised only the pleadings and proofs in the district court, and did not include the charge to the jury, nor the verdict and judgment. The appellee moves this court to strike out of the record the charge to the jury, because it was not included in the agreed case. But the motion is overruled, for the reason that this. court considers that the charge may conduce to the proper understanding of the cause.</p> <p>2. This court has already decided that Article 4985 of Paschal’s Digest, respecting mortgage liens, was repealed and superceded by Articles. 4986 and 4988. (Gregg v. Gregg, 33 Texas, 462, cited with approval.)</p> <p>3. In 1856, P. executed to his wife his note and mortgage for her separate money loaned him by her. The mortgage was not recorded until early on the sale day, of October, 1868; on which day the land mortgaged was sold under execution against P., issued on a judgment rendered in 1865. The mortgage was filed for record before the hour-of sale, and the wife of P. attended the sale and gave public notice-, of the existence, record, and nature of her mortgage. Held, that a person purchasing the land with such notice held it subject to the lien of the mortgage; and it was error to concede to him the character- and rights of a tona fide purchaser without notice.</p>