Merrell v. Timmons

GRAVES, Justice.

This appeal is from a final judgment of the 55th District Court of Flarris County, sitting without a jury, wherein appellants were denied any relief in their suit to have the $730 note of E. Frank Merrell to appellee -Dorothy Hume Tim-mons-together with its supporting deed of trust of E. Frank Merrell and Donnie Merrell, his wife, to W. J. Walden, Trustee — declared void for lack of consideration, and as violative of Texas Penal Code, Article 428, and, instead, appellees were accorded, on their cross-action, a judgment against appellant E. Frank Mer-rell for the ascertained…