Smeltzer v. McCrory

HALL, Chief Justice.

George E. Smeltzer and wife sued Lon C. McCrory and W. H. Latham to cancel two second lien notes, together with deeds of trust upon certain lands described in the petition.. In 1928 or 1929 the plaintiffs, Smeltzer and wife, purchased the lands involved in this suit, and as consideration therefor assumed an indebtedness of $10,000 then against the land in favor of the San Antonio Joint Stock Land Bank, and in addition thereto executed in favor of the de*851fendants certain vendor’s lien notes to represent the balance of the purchase price.

In 1934, and when the major portion of…