Walter v. Mutual Home Savings Ass'n.

CONNER, Associate Justice.

This appeal is from a judgment in favor of the appellee association for $1016.56, with interest and attorney’s fees, and ordering the sale of lots 1 and 2 in block 8, A. & V. addition to the city of Fort Worth, upon which a trust deed lien was foreclosed. This judgment is in accord with a peremptory instruction of the court, which we have concluded is erroneous as assigned.

The suit was instituted by appellants January 31, 1901, to cancel the loan obligation and lien upon which the judgment was rendered, and thus to clear the title to said lots. It was alleged in…