Fant v. Wickes

NEILL, Associate Justice.

On July 11, 1894, the appellee sued appellant on four promissory notes described in our conclusion of facts. In her petition she alleged, “that she is the surviving wife of E. D. L. Wickes, now deceased, and as such surviving wife is now the owner and holder” of the notes sued on. Judgment was asked for the amount due, and for a foreclosure of the vendor’s lien expressly reserved in the notes.

The defendant (appellant) in his answer interposes (1) a general demurrer; (2) a general denial; (3) a special plea, in which he averred that since the alleged default in the…