Dietzel v. Martin

HARVEY, Presiding Judge.

This suit was brought by the plaintiff in error, A. L. Dietzel, against Mrs. Virginia Martin, the defendant in error, seeking' cancellation of certain promissory notes hereinafter described, on the alleged ground that said notes have been paid. Mrs. Martin, by cross-action, sought recovery on the notes, but did not seek foreclosure of the deed of trust lien hereinafter mentioned. The case was tried to the court, without a jury, resulting in a judgment for Mrs. Martin for the amount of the notes. The Court of Civil Appeals affirmed that judgment. 59 S.W.(2d) 863.

The…