McCoy v. Spears

The trial court sustained defendants’ demurrer to plaintiff’s evidence in an aption for a money judgment, and the latter appeals.

Plaintiff, a resident of Texas, received certain vendor lien notes and mortgage on his sale in May, 1929, of certain Texas lands to buyers Ratliff and Dixon. The latter sold his half interest in the lands to W. E. Spears, who assumed payment of half the amount of the notes. Plaintiff sold the notes to one Moore, who foreclosed, with resulting deficiency, paid by plaintiff in May, 1934. W. E. Spears, a resident of Oklahoma, died in February, 1930, leaving defendants,…