Romain v. Earl Schwartz Company

This is an appeal from an action begun to foreclose a mortgage on agricultural real property. Defendant John D. Romain (Romain) appeals from the judgment of the District Court of the Twelfth Judicial District, Hill County, finding adverse to his cross-claim asserted against Earl Schwartz Company, a partnership (partnership). We affirm in part and reverse in part.

Although Romain presents several issues for review, we find that consideration of only two are necessary to decide this case. These issues are:

1) Did the trial court err in determining that Romain as vendor and grantor divested…