Trotti v. Hobby

Citations

• 42 Tex. 349

Syllabus

<p>1. Secondary evidence—Practice. It is not error to admit parol evidence of the boundaries of a tract of land, which boundaries are described in a deed in the possession of the adverse party, who has been notified to produce the original.</p> <p>2. Amendment. Suit was brought to foreclose a mortgage which referred to a deed in the mortgagor’s possession for the boundaries of the mortgaged premises, and the defendant had been notified to produce the original deed, and in absence of the original, the plaintiff had introduced parol evidence as to the boundaries as set out; when the defendant in his evidence read the original deed, whereby it appeared that the plaintiff’s petition was insisting on foreclosure of the mortgage upon lands not included in it, and on ascertaining the fact for the first time, Held, it was not error to permit an amendment to be filed, disclaiming as to the excess, and limiting the prayer for foreclosure to the land actually included in the mortgage.</p>