Bothwell v. Farmers' & Merchants' State Bank & Trust Co.

On August 24, 1931. after the reversal of the former judgment [Bothwell v. Bank (Tex. Civ. App.) 19 S.W.(2d) 923: (Tex. Sup.) 30 S.W.(2d) 289, 76 A. L. R. 1480], the appellee amended its original petition which had theretofore been filed on June 7, 1928. By the amendment the original allegations about the 10.1 acres were amended so as to ask for. a foreclosure of the vendor’s lien only or a recovery of the land, but the original allegations were repeated respecting the 140 acres of the N. Harrington survey, asking-correction of a former judgment concerning such land or in the alternative a…