Merrell v. Timmons

E. Frank Merrell and wife filed this suit against Dorothy Hume Timmons and husband to have a note secured by a deed of trust declared void for lack of consideration, and because it violated Article 428 of the Penal Code. Defendants filed a cross action, and sought judgment for the amount of the note together with a foreclosure of the deed of trust lien on the property described therein. From a judgment for the defendants the plaintiffs appealed to the Court of Civil Appeals, and the judgment of the trial court was affirmed. 140 S. W. (2d) 480.

The parties will be designated plaintiffs and…