Pitts v. Thompson

BOND, Justice.

Appellee, Arch Thompson, in a suit instituted in the district court of Ellis county against appellants and one T. J. Frierson, was awarded judgment for the sum of $594, against T. J. Frierson and a foreclosure of a deed of trust lien on land jointly owned' by appellants and said Frierson; no money judgment was sought or rendered against appellants.

This appeal is predicated on the theory that the evidence does not support the judgment, and, in appellants’ brief, they assign, as fundamental error, the failure of the testimony to show that the cause of action is cognizable in the…