Huff v. McDonald

Court of Appeals of Texas

Huff v. McDonald

239 S.W. 365, 1922 Tex. App. LEXIS 567

CourtCourt of Appeals of Texas

DecidedMarch 22, 1922

DocketNo. 6726.

StatusPublished

Cited by4 cases

This text of 239 S.W. 365 (Huff v. McDonald) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Huff v. McDonald, 239 S.W. 365, 1922 Tex. App. LEXIS 567 (Tex. Ct. App. 1922).

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Opinion

FLY, C. J.

This is a suit on a note for $300 and to foreclose a mortgage on a certain Ford automobile and three mules, instituted by appellee against King Huff and his wife, Lydia Huff, appellants herein. Appellants admitted the execution of the note and mortgage, but sought to defend on the ground that a new note and second mortgage had been given by appellants on other and different property, and that the mules *366 had been seized and sold under an execution in another .person’s suit and. were bought by Lydia Huff. The court rendered judgment in favor of appellee for the amount of the note, interest, and attorney’s fees, aggregating $484, and foreclosed the mortgage on two mules.

The petition was attacked in the trial court on the ground that it failed to state the "value of the mortgaged property, thereby not showing that the county court had jurisdiction of the amount in controversy. It is the rule in Texas as established by decisions that, the county court being a court of limited jurisdiction, when a foreclosure is sought of a lien, the petition must affirmatively show that the value of the mortgaged' property does not exceed the sum of $1,000, even though the amount of the debt is set forth and is within the jurisdiction of the court. Cotulla v. Goggan, 77 Tex. 32, 13 S. W. 742; Marshall v. Stowers (Tex. Civ. App.) 167 S. W. 230; Richardson v. Hethcock (Tex. Civ. App.) 173 S. W. 1006; Lusk v. Hardin (Tex. Civ. App.) 176 S. W. 787; Reeves v. Paris (Tex. Civ. App.) 186 S. W. 772: Hodgkinson v. Hartwell (Tex. Civ. App.) 226 S. W. 457.

The judgment is reversed, and the cause remanded.

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FLY, C. J.

This is a suit on a note for $300 and to foreclose a mortgage on a certain Ford automobile and three mules, instituted by appellee against King Huff and his wife, Lydia Huff, appellants herein. Appellants admitted the execution of the note and mortgage, but sought to defend on the ground that a new note and second mortgage had been given by appellants on other and different property, and that the mules *366 had been seized and sold under an execution in another .person’s suit and. were bought by Lydia Huff. The court rendered judgment in favor of appellee for the amount of the note, interest, and attorney’s fees, aggregating $484, and foreclosed the mortgage on two mules.

The petition was attacked in the trial court on the ground that it failed to state the "value of the mortgaged property, thereby not showing that the county court had jurisdiction of the amount in controversy. It is the rule in Texas as established by decisions that, the county court being a court of limited jurisdiction, when a foreclosure is sought of a lien, the petition must affirmatively show that the value of the mortgaged' property does not exceed the sum of $1,000, even though the amount of the debt is set forth and is within the jurisdiction of the court. Cotulla v. Goggan, 77 Tex. 32, 13 S. W. 742; Marshall v. Stowers (Tex. Civ. App.) 167 S. W. 230; Richardson v. Hethcock (Tex. Civ. App.) 173 S. W. 1006; Lusk v. Hardin (Tex. Civ. App.) 176 S. W. 787; Reeves v. Paris (Tex. Civ. App.) 186 S. W. 772: Hodgkinson v. Hartwell (Tex. Civ. App.) 226 S. W. 457.

The judgment is reversed, and the cause remanded.

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239 S.W. 365, 1922 Tex. App. LEXIS 567, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huff-v-mcdonald-texapp-1922.

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