Edmondson v. Carroll

SPEER, Justice.

This suit originated in 1927, and only enough of its early history will be stated to disclose the nature of this appeal.

Ralph Carroll, for himself and as trustee for others, was, prior to July 16, 1927, the owner of two notes aggregating $10,-000, secured by a deed of trust lien on certain lots in Waxahachie, Texas. Upon these lots was a brick building in which and attached thereto was a freight eleva-, tor. At the date mentioned, W. T. Pittman was the record owner of the building and lots, subject to Carroll’s debt and lien.

On July 16, 1927, Carroll filed suit in the District…