| Tex. | Jul 1, 1870
The record discloses that the defendants below were residents of Payette county, and the land on which the foreclosure was asked was also situate in Fayette county. The suit was brought in Colorado county. Shropshire demurred. There is no assignment of errors, but the court must notice the want of jurisdiction in the District Court.
The judgment is reversed and cause dismissed without prejudice to an action in the proper county.
Dismissed without prejudice.