Robinson v. Smith

Mr. Presiding Judge Smedley

delivered the opinion of the Commission of Appeals, Section B.

The suit is by appellee Smith against appellant Robinson to recover rents for the use of improved real estate in the City of Waco. Robinson by answer and cross action denied liability for rent, alleged his ownership of a note in the principal sum of $8500.00 secured by lien against the property, pleaded that he was lawfully in possession of the property as mortgagee and asserted the right by reason of such debt and possession to liquidate or extinguish Smith’s claim for rent by applying it as a credit on…