Penny v. Kelley

KEITH, Justice.

Plaintiffs below appeal from an adverse judgment rendered in a suit to remove cloud from the title to 33⅛ acres of land in Liberty County. The sole issue involved was the validity of the foreclosure of a deed of trust lien on the land. We condense, as much as possible, the voluminous record presented.

Defendants sold the property to one La-key in 1965 for a total consideration of $15,000, one-third of which was paid in cash with the balance being evidenced by a vendor’s lien note payable in monthly installments and additionally secured by a deed of trust on the property. We will…