Attaway v. Ellis

WILLIAMS, Justice.

Merle Barron executed and delivered to appellee, C. J. Ellis, defendant below, a $3,800 vendor’s lien note, dated July 1, 1937, as part of the purchase price of a house and lot in Tyler. Barron and wife executed a deed of trust on the property then conveyed to better secure payment of this note. Ellis endorsed the note “without recourse”; and executed an assignment or transfer of the note together with the vendor’s lien and deed of trust lien securing same to Jesse Attaway. This assignment or transfer instrument included a clause, the basis of this suit, reading:

“This…