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7 Tex. 461

Pridgen v. Andrews

Texas Supreme Court

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

Suit by appellee upon the following note, secured by mortgage, with prayer for sale of the mortgaged property : “On or before^the first day of October next I promise to pay George C. •Craig, or order, the sum of one thousand eight hundred and eighteen ($1,818) dollars, with ten per cent, interest from date, for value received this 30th day ■of October, 1850. “II. McB. Pridgen,” The note was indorsed to the plaintiff, and there was a formal assignment of the mortgage.

Cited by 2 later decisions — most recently June 1888

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1852-07-01

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Hemphill, Ch. J.

¶1The grounds of appeal in this ease are untenable. If the appellant, under his bond for title, held such interest as could he mortgaged, (and tills is not disputed,) he alone need he summoned in a suit for foreclosure. His vendors, either immediate or remote, are not necessary parties. They have no interest in the suit, and are not affected or concluded *232by the decree or the proceedings in the cause. There is no excess in the interest as estimated by the jury. If there be error in their computation, it was in favor of the defendant. It is ordered, adjudged, and decreed that the judgment be affirmed, with ten per cent, as damages for the delay.

¶2Affirmed with damages.

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