Spencer v. Schell

Appellee, as surviving widow and only heir of Wallace Schell, deceased, brought this suit to recover on certain promissory notes executed by appellants, and to foreclose a certain mortgage on certain lots in the city of Dallas, executed by appellant Eloise Spencer. Defendant answered by general demurrer, general denial, special payment, usury, and homestead. Plaintiff, by supplemental petition, pleaded that the payments made were on other indebtedness then due to said Wallace Schell, and same duly credited. Upon a trial by the court without a jury, judgment was rendered in favor of plaintiff…