Stephenson v. Bassett

Citations

• 51 Tex. 544

Syllabus

<p>Promissory rotes for lard.—A suit was brought on two of three promissory notes given for land; the third, though not due, was sot out in the petition for the purpose of enabling the court to apportion the proceeds of sale under a foreclosure of the vendor’s lieu, which was sought, and to have retained a sufficient amount for tito third note, “ when the same shall become due and your petitioner can obtain a judgment thereon.” Before trial the third note became due, and judgment was rendered for the amount due in all three of the notes, though the petition asked for judgment only on the two notes first sued on : Held, Error, it being a judgment on a case not made by the pleading.</p>