50 Tex. 148 | Tex. | 1878
The objection that the service of citation does not support the judgment against appellant, is not tenable. The citation commands the sheriff to summon
The petition must no doubt contain an intelligible description of the land against which the vendor’s lien is sought to be enforced. There must bo a description of it, sufficient for its identification, in the judgment and order of sale. (Hurt v. Moore, 19 Tex., 269.) It is not apparent on the face of the transcript that this has not been done.
So, likewise, as appellant insists, where a judgment by default is rendered in a suit upon a promissory note and the damage is computed by the clerk, the note must be before the court. But the judgment in this case, in our opinion, raises no inference that the notes described in the petition were not in court when the clerk was ordered to compute the damage for which judgment was to be rendered.
The judgment is affirmed.
Affirmed.