Couger v. Costello

Appellee, E. P. Costello, sued appellants, John Couger and wife, Breckie E. Couger, on a promissory note executed by them for the principal sum of $9,150 and for the foreclosure of a deed of trust on 457 1/2 acres of land situated in Palo Pinto county, the separate property of appellant Breckie E. Couger. The deed of trust was duly executed and delivered to W. H. Penix, trustee, and by its terms was given to secure the payment of the note above mentioned. At the conclusion of the testimony, the trial judge peremptorily instructed the jury to return a verdict in favor of appellee against…