149 S.W. 353 | Tex. App. | 1912
This suit was instituted by appellee in the justice's court of precinct No. 7 of Montague county against J. H Brown upon a promissory note for the sum of $140, and to foreclose a mortgage given by Brown to secure the note upon property described in the plaintiff's petition as follows: "1 black horse mule, 14 1/2 hands high, about 10 years old; 1 4-year old cow and increase; 1 sorrel horse mule, about 14 1/2 hands high, about 14 years old; one 2-year old heifer and increase; 50 cords of wood to be cut on Capt. Beal's farm; 1 set chain plow gear, with leather collars, back bands, and belly bands."
Oscie Curlin was also made a party defendant upon the allegation that he had purchased the heifer and calf covered by the mortgage lien, and had converted the same, to the plaintiff's damage $30. The defendant Brown denied that, as executed, the mortgage embraced the cattle therein described and pleaded that the mortgage was a forgery. Curlin defended on the ground that the cattle purchased by him were not such as described in the mortgage.
The trial in the justice's court resulted in a judgment for the plaintiff in the suit against both defendants as prayed for, and on appeal to the county court a like judgment in substance, though for a lesser amount, was rendered, from which this appeal has been prosecuted.
We find ourselves unable to dispose of the assignments of error because of the want of a proper showing of jurisdiction in the justice's court. It is well settled that in suits to enforce liens upon personal property the value of the property determines the jurisdiction. Smith v. Giles,
It follows, therefore, that the judgment must be reversed and the cause remanded for the reasons stated. See American Soda Fountain Co. v. Mason,
*354Reversed and remanded.
