North Texas Building & Loan Ass'n v. Elder

LATTIMORE, Justice.

This is an appeal from a judgment exempting appellee from personal liability upon a note sued on by appellant. Appellee, a married woman, held as her separate property a note secured by a lien on a house and lot. This lien was inferior to a principal note of $1,500 secured by a lien on the same lot and owned by appellant.

Appellee took a conveyance of the property to her reciting a consideration of $3,000 in hand paid, and secured to be paid by ap-pellee as follows: “The cancellation and surrender on one note” (etc., the second lien note) “and subject to the unpaid balance…