Phelps v. Herman

SMITH, Chief Justice.

On June 7, 1935, appellee, Herman, recovered personal judgment against appellant, E. E. Phelps, with foreclosure of vendor’s lien upon a parcel of land in Hidalgo County belonging to appellant. At the ensuing sheriff’s sale, appellee bought in the land for $100, which, when credited on the note after deducting costs of sale, left a deficiency in excess of $1,500. Another execution issued on April 30, 1936, was returned nulla bona. Abstract of the judgment was duly recorded in Hidalgo County.

Thereafter, on November 5, 1936, appellant was adjudged bankrupt in the federal…