Noah v. Glenn

McCLENDON, Chief Justice.

Appeal from an interlocutory order overruling a plea seeking to change the venue to the county of defendants’ residence.

The suit was upon a promissory note of defendants, payable in Bell county, and to foreclose a trust deed lien securing it.

Two grounds for reversal’ are urged:

1. That the controverting plea is insufficient in that it was verified only upon information and belief.

2. That no probative evidence was offered of the execution of the note or trust deed.

Omitting formal parts, the controverting plea reads:

“Now comes, H. C. Glenn, as Receiver for Temple Trust…