Gray v. Powell

Appellee, as the assignee of E. C. Pretz, filed this suit against the appellants, H. H. Ladd, Marguerite T. Gray, and her husband, L. N. Gray, to recover the sum of $5,000, and to foreclose a mortgage upon an undivided one thirty-second mineral interest in 105 acres of land in Eastland county. Judgment was rendered as prayed, and the defendants appeal. The petition declares simply upon the mortgage setting up the terms thereof and that plaintiff is the_ as-signee of Pretz of the debt of $5,000 and the mortgage given to secure its payment. In avoidance of a plea that the plaintiff’s cause' of…