Mabry v. Abbott

OPINION

HALL, Justice.

In June, 1960, the appellants, Mr. and Mrs. Mabry, purchased a house and lot located in Waco, Texas from the appellee, Mrs. Abbott. A part of the consideration was a promissory note in the principal sum of $8,846.52, secured by a deed of trust on the property, executed by the Mabrys in favor of Mrs. Abbott.

Mrs. Abbott brought this action seeking a deficiency judgment after a foreclosure and sale under the deed of trust. She pleaded for a recovery of $8,897.60 (alleging a principal balance due on the note of $6,983.08, with interest due thereon in the amount of $680.84,…