Howerton Finance Corp. v. Farmers' & Merchants' Nat. Bank of Abilene

This suit was instituted by appellant, hereinafter referred to as the finance company, against Gus Diamond and Farmers’ & Merchants’ National Bank of Abilene, hereinafter referred to as the bank. The suit against Diamond was upon a promissory note and for the foreclosure of a chattel mortgage upon an automobile. The bank was joined as a party defendant for the purpose of having set aside and held for naught a judgment rendered at a prior term of the court in its favor against Diamond upon a note, and for the foreclosure of an alleged mortgage upon the same automobile. Under this prior…