Texas Supreme Court July 1, 1859 (Gray v. Osborne)

Bell, J.

The petition contains no allegation, that the note described in it was either made, or executed, or delivered by the defendants in the court below. The allegation of the petition is, that the defendants are indebted to the petitioner, as is evidenced by a certain promissory note, &c. In a subsequent part of the petition, it is alleged that George H.