Payne v. Bracken

LOONEY, Justice.

Appellant, Bryan W. Payne, brought this suit against appellees to foreclose the lien of a judgment obtained in a district court of Dallas county against J. S. Kimbrough and J. T. Miller; the contention of appellant being that, at the time the judgment was abstracted in the office of the county clerk of Van Zandt county, Kimbrough owned the real estate upon which foreclosure is sought. Appellees answered by general denial and specially pleaded that, prior to the abstracting of the judgment, Kimbrough had parted with all his interests in the real estate. On trial without a jury,…