Weierhauser v. Bennett

H. J. Weierhauser held a note for $3,300, executed and delivered by Henry Bennett: the note being payable in monthly installments of $35 each. The note was secured by a mechanic's and materialman's lien upon certain lots in the city of San Antonio, belonging to Bennett. The burden of meeting the installments promptly when due proved too heavy for Bennett, and, in order to enable him to handle the transaction and pay the installments promptly as they matured, he conveyed some of the lots to Weierhauser and thereby reduced the debt to $1,150, which was evidenced by a substituted note, to be…