Foust v. Sanger Bros.

FLY, Associate Justice.

— Appellees sued J. E. Foust and his wife, M. E. Foust, W. J. Foust and E. P. Foust, alleging the execution by them of three promissory notes each for $5.95.30, and secured by a deed of trust on 39 acres of land lying adjoining the town of Thornton, and parts of lots 8, 9 and 10, in block 11, of the town aforesaid. It was also alleged that appellants were indebted to appellees in the sum of $66.66, as evidenced by a promissory note which was secured by a vendor’s lien on aforesaid lots.

Appellants, J. E. Foust and W. J. Foust, answered that they were married men; that at…