Mays v. Sanders
Texas Supreme Court
’ Error to Court of Civil Appeals for Fourth District in an appeal from. I Dallas County. I The suit was brought by Mays and wife against Sanders and Bowser to recover on the notes mentioned in the opinion and foreclose a lien therefor. Kearby and McCoy intervened, claiming an interest in the notes.
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’ Error to Court of Civil Appeals for Fourth District in an appeal from. I Dallas County. I The suit was brought by Mays and wife against Sanders and Bowser to recover on the notes mentioned in the opinion and foreclose a lien therefor. Kearby and McCoy intervened, claiming an interest in the notes. Upon findings of a jury, on special issues submitted to them, plaintiffs were denied a recovery and interveners had judgment against defendants for $5792.50, with foreclosure of lien against all parties upon a four-fifteenths undivided interest in the land. On appeal by Mays and wife the Court of…
1Opinion of the Court
GAINES, Chief Justice.
With their opinion in this case the Court of Civil Appeals have filed the following statement and conclusions of facts:
“This suit was instituted by the appellant, W. A. Mays, against the appellees, J. W. Sanders and D. W. Bowser, to recover on the notes described in our first conclusion of fact. Mays in his petition declared the last note due under the terms of the contract by reason of the default in payment of the first.
“Sanders & Bowser plead a release from their obligation on the note by reason of the fact found in our third conclusion; and also, that Mays had…
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