Mathis v. Black

McKAY, Justice.

This is a plea of privilege case. Appellees brought suit in Smith County against appellants on a promissory note in the amount of $264,540.00, plus interest and attorney’s fees, and seeking foreclosure of a lien on certain land located in Cameron County, Texas. Appellants filed pleas of privilege to be sued in the counties of their residence — Cameron County and Hidalgo County. Appellees’ controverting plea alleges that the appellants contracted in writing to pay the note in Tyler, Smith County, Texas, and Subdivision 5 of Article 1995, V.A.T.S., controls the venue. After a…