Adkins-Polk Co. v. Rhodes

This suit was brought by Adkins-Polk Company against M. Y. Rhodes to recover on a promissory note, and against Rhodes and his wife for the foreclosure of a deed of trust lien on a certain parcel of land, the separate property of Mrs. Rhodes. The case was tried to a jury, on special issues, and judgment was rendered in favor of the company against Rhodes for the amount due on the note, but a foreclosure of the lien was denied. The company appealed, and the Court of Civil Appeals affirmed this judgment. 13 S.W.(2d) 386. The company sued out a writ of error.

The material facts are as follows:

The…