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22 Tex. 318

Hutchinson v. Patrick

Texas Supreme Court

Decided July 1, 1858

Texas Supreme Court · decided 1858-07-01

Error from Gonzales. Tried below before the Hon. Eielding Jones. Suit by defendants in error, against plaintiffs in error, upon a note for $1,000, executed by Charles Y. Hutchinson to Joseph Guichard, in part payment of a lot of land, the title for which was made to Virginia A. Hutchinson, the wife of said Charles Y., and upon which it was alleged, a lien was retained, to secure the payment of the purchase money.

Decided 1858-07-01

Wheeler, Ch. J.

¶1There manifestly is no error in the *320judgment. It cannot be pretended, that the answer of the husband disclosed any defence to the action, as against himself.

¶2In so far as the answer of the wife asserts a contemporaneous agreement, with the giving of the notes and making of the deed, that the payee of the notes was to look to her husband, and not to herself, for their payment, it is to be observed, that the plaintiff could not, nor does he seek, to attach any. personal liability to her upon the contract, to which she was not a party. But if it be intended to set up a contemporaneous agreement, or understanding, that he was not to look to the land for the payment of his debt, it is in plain contradiction to the express terms of the deed which she accepted, and under which she holds. It requires neither argument, nor a reference to authorities, to support so plain a proposition, as that this could not be done.

¶3if or is it necessary to notice other matters, sought to be raised in argument, but which are not presented for revision, by the record. The judgment is affirmed.

¶4Judgment affirmed.

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