Kerr v. Henderson

The suit was for foreclosure of a junior vendor’s lien against a tract of land in Cameron county, the prior lien having been, previously foreclosed against all parties at interest, including the junior lienholder.

The first lien notes were owned by A. Pitt, and the second by O. W. Kerr. In September, 1922, Pitt brought suit- for debt and foreclosure against the maker of the first lien notes and to foreclose against and conclude Kerr as the holder of the second lien notes. Kerr, cited by publication, defaulted, and was represented by an attorney appointed by the court, as required by statute.…