Benjamin v. Sawyer

BARROW, Chief Justice.

Appellants, Robert Benjamin and wife, Dorothy Mary Benjamin, have timely perfected their appeal by writ of error after a default judgment was granted appellee, Marvin Sawyer, d/b/a Sawyer Construction Company, on the cross-action filed against appellants.

Appellants filed suit against appel-lee seeking damages and to restrain appel-lee from selling or taking possession of three lots under a deed of trust lien executed by appellants in favor of appellee to secure a note given for construction of premises on the lots. It was alleged that the consideration for the note had…