O'Brien

Cummings sued O’Brien in one of the district courts of the state of Texas to foreclose a mortgage on lands situated in that state, which mortgage was given by O’Brien as security for payment of his promissory note to Cummings; intermediate the execution of the note and mortgage and the commencement of that action O’Brien conveyed the lands affected to a third person, of which conveyance Cummings, it seems, had notice; such third person was not made a party to said action. Said district court, however, had jurisdiction of causes of that nature, and O’Brien himself appeared by attorney in the case; judgment was rendered in Cummings’ favor, and thereunder a sale of the land was made; the proceeds were insufficient to discharge the debt, and by the terms of the judgment O’Brien was personally liable for the balance. The present action in our courts is on said judgment to recover the amount of such deficiency; at the trial, as appears from the record here, the plaintiff, having made proof of the judgment, et cetera, in the Texas court, then “'introduced in evidence the revised statutes of Texas to show the regularity of the proceedings had and taken in the ease while pending in the…