Garza v. Garza

HUGHES, Justice.

Santiago T. Garza sued his brother, Vicente Garza, to foreclose a vendor’s lien on a city lot in San Angelo, Tom Green County. The lien was originally given to secure a note in the sum of $4,490.00. The amount alleged to be due on the note at the time of trial was $1,000.00 plus interest and attorneys fees. Vicente Garza alleged that he had paid the note in full.

Trial to the Court resulted in judgment for the plaintiff as pleaded.

The property involved was a filling station which was operated by appellee. He testified that he agreed to sell the filling station and its…