Smith v. Koennecke

MURRAY, Justice.

The facts in this case are: On May 17, 1928, an instrument (dated April 17, 1928), in the form of an absolute -deed, was signed and acknowledged by Tifney Smith and his wife, Davie Smith, purporting to convey 319 acres of land located in Gillespie county to Albert Koennecke. The consideration stated in the alleged deed was the assumption and agreement to pay, on the part of Albert Koennecke, of all Tifney Smith’s indebtedness to the Bank of Fredericksburg, amounting to some $5,080.76, which indebtedness was evidenced by seven promissory notes, all of said indebtedness except…