Ellwood v. Lancaster

JACKSON, Chief Justice.

The plaintiff, E. P. Ellwood, individually, as sole surviving trustee and’ independent executor of the estate of I. L. Ellwood, deceased, instituted this suit in the District Court of Lubbock County against the defendant, R. N. Lancaster, on 11 promissory notes dated June 26, 1934 and payable to the estate of I. L. Ellwood. Note No. 1! was for $515 due December 1, 1934 on which had been paid $240.39, and 10 notes each for the sum of $212 payable one on December 1, 1935 and one on December 1st each year thereafter until said notes were fully paid.

The plaintiff alleged he…