Beard v. Continental State Bank of Beckville

WTBBSON, O. J.

(after stating the facts as above).

The contention of appellant, Beard, is that the judgment is erroneous so far as it directs the application of the proceeds of the sale ordered to the payment of all the notes alike, instead of to the payment in full of the three notes held by him before any part of such proceeds is applied to the payment of the note held by the appellee bank. The contention is predicated on the fact that the bank, having a right to do so (Traders’ Nat. Bank v. Price [Tex. Com. App.] 228 S. W. 160), failed to have the transfer to it of the note it held recorded,…