First Nat. Bank in Wellington v. McClellan

FOLLEY, Justice.

This is the second appeal of this case. The former opinion is reported in Tex. Civ.App., 105 S.W.2d 394. The facts were amply stated in the former opinion and we deem it unnecessary to restate them in full here. The only distinction in the situation that is now presented is that instead of the appellee, Len McClellan, having recovered judgment in trespass to try title for the land involved, as in the former trial, in this second trial he recovered a money judgment against F. O. Smith for the amount of his debt in the sum of $7603.27, and judgment against all of the defendants,…