Metts Et Ux. v. Waits

The controlling issue in this case is whether the trial court erred in sustaining appellee’s exception to appellants’ motion for a new trial. Other questions are raised, but we deem this issue determinative of this appeal. We .copy in part the statement of the ease made in appellee’s brief as follows:

“This suit was filed by appellee, J. W. Waits, against appellants, A. E. Metts and Ethel Metts, on December 24, 1923, for the amount due on a note for $1,000, signed by appellants, dated September 19, 1923, payable to Coleman National Bank on November 1, 1923, secured by deed of trust on certain…