Ragan v. Day

MARTIN, Justice.

The parties to this appeal will be designated as in the trial court.

Plaintiff sued defendants, Elizabeth Day, a feme sole, and M. H. Burum, to foreclose a vendor’s and deed of trust lien on 200 acres of land in Deaf Smith county, Tex. The pleadings below sufficiently raised the legal issue which we decide. Trial was before the court, and judgment was for defendants.

The material facts are: On June 2, 1926, Elizabeth Day and husband conveyed to Carl P. Owen the 200 acres of land in controversy. This deed as part of the consideration for said land recited the execution and…