Carr v. Pecos Valley State Bank
Court of Appeals of Texas
Appeal from District Court, Reeves County ; W. A. Hudson, Judge. Action by the Pecos Valley State Bank against H. V. Carr. Judgment on perémp-tory instruction for plaintiff, and defendant appeals.
1Opinion of the CourtHiggins, J.
In this case, appellees sought to recover upon certain notes executed by H'. V. Carr and R. I. Carr, together with foreclosure of deed in trust given to secure the payment of the notes. Appellant, I-I. V. Carr, -set up a homestead claim to a portion of the land upon which foreclosure was sought. The case was tried before a jury, and a peremptory instruction given in appellees’ favor, in accordance wherewith verdict was returned and judgment rendered.
Appellants’ only assignment of error complains of the court’s action in giving the peremptory instruction, it being asserted that the evidence…
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