Zeigler v. Citizens' Bank of Venus

ALEXANDER, Justice.

In 1931 B. C. Kelly purchased from one Barnes a tract of land in Johnson county, and as a part of the consideration executed and delivered to the Citizens’ Bank of Venus a note secured by a vendor’s lien on said land. Presumably the 'bank advanced a part of the funds necessary to purchase said land. At the same time Kelly executed a deed of trust on said land to secure the payment of said note. Both the deed and deed of trust were promptly recorded. Thereafter, in October 1932, Kelly, by parol agreement, rented said land to tenants for the year 1933 for a share of the crop,…