Nichols v. Lorenz

'COBBS, J.

Appellant sued appellee for the cancellation of a note for $12,000, and for judgment in the sum of $5,115.10, with interest thereon, and, in the alternative, if the note be not canceled, then for judgment for $13,731. The suit grows out of a contract of sale, wherein appellee sold an undivided one-third interest to appellant in a certain stock of steers, known as Russell, Browne & Vasbindor steers, in Live Oak county, Tex. The bill of sale for said cattle recites a prior existing lien on the property conveyed to appellants to secure a certain indebtedness. The note was made…