Kerr v. Henderson

This is the second appeal in this cause. (Tex. Civ. App.) 3, S.W.(2d) 1100.

The Fresnos Land & Irrigation Company sold the land involved to the Ogden Land Company, taking the latter’s notes, secured by the vendor’s lien, as part consideration. Subsequently the Ogden Company sold the land to Smith Henderson, who assumed the outstanding notes and executed his own obligations, secured by the vendor’s lien, as additional consideration. The Fresno Company sold the first lien notes to A. Pitt, and the Ogden Company sold the second lien notes' to O. W. Kerr. Subsequently Pitt obtained judgment of…