Price v. Lauve

Citations

• 49 Tex. 74

Syllabus

<p>1. Call of cases for trial—Practice in District Court.— Although it be error to enforce the trial of a ease, save when called regularly in its order on the docket, yet it is not ground for reversal. unless it is apparent that the case was not tried in its regular order, but was in fact tried at another 'time, add that Such action of the court was at the time excepted to.</p> <p>2. Exceptions—Practice.—Exceptions to the action of the court (as setting a ease for a future day of the term) must be taken at the time of such act of the. court, and the exception noted. The bill of exceptions so taken and noted may be, by consent of the court, drawn up and signed at any timé during the term.</p> <p>3. Continuance—Diligence—Materiality.—An affidavit for continuance, showing sufficient reasons for want of diligence on first ■ application for continuance, yet showing that the testimony is immaterial to the issues made by the pleading, may properly be over- ■ ruled.</p> <p>4. Same—Resolutions of bar meeting.—Such resolutions touching the disposition of cases invoked in an application for continuance, and not as a written agreement filed in the case, will not be enforced;</p> <p>6. Vendor’s lien—Express lien—Additional security.—Where the documents evidencing a sale of lands show that a lieii for the purchase-money is reserved on the land sold, and that additional security, in form of a trust deed for other lands, was to be given, the taking of such security does not affect the lien expressed as reserved upon the land. To such express lien, the rules of equity touching the vendor’s lien do not apply.</p> <p>6. Practice—Order in which sale of several tracts shall Be made.—Where suit is brought to foreclose a mortgage upon several tracts of land, and the defendaAt makes no request as to the order in which he desires the. tracts to be sold, he cannot, on appeal, object to the action of the court in determining such order in which the several tracts are to be sold.</p>