Houston v. Howerton

W. H. Howerton brought this suit on two notes for $100 and $150 respectively and to foreclose a vendor’s lien on a tract of land in Erath county. The suit was against W. M. Joiner as the maker of the notes, Mrs. G. 0. Sherman as the owner of the land, and O. C. Houston as the holder of a second lien thereon. Joiner made no defense. Mrs. Sherman and Houston answered, among other things, that at the time of the execution of the notes neither the plaintiff nor Joiner owned the land. A trial before the court resulted in judgment for the plaintiff. Mrs. Sherman and Houston appeal.

The evidence…