Stoutz v. Amarillo Bank & Trust Co.

HALL, Chief Justice.

On September 1, 1932, R. W. Stoutz and John R. Stapp purchased certain real estate from W. N. Cooper and wife, Goldie Cooper, Amelietta Driscoll, Lelah Johnston and her husband, E. A. Johnston, Jr., and as part payment executed three notes in the sum of $466.66 each, payable to the order of Goldie Cooper, Amelietta Driscoll, and Lelah Johnston. A vendor’s lien was expressly retained to secure the payment of these notes. Thereafter, on May 8, 1933, W. N. Cooper executed his note in the sum of $300, payable to the appellee Bank & Trust Company on April 6, 1933. This note…