Threadgill v. Fagan

MARTIN, Justice.

Defendant in error, herein called appellee, filed a petition in two counts against plaintiffs in error, herein called appellants, who are husband and wife. The first was in trespass to try title for two lots in the city of Amarillo. The second count was upon an indebtedness of $555.55 evidenced by a note and alleged to be secured by a valid and subsisting lien on the same property described in the first count.

The petition, in substance and effect, alleges in its second count that this lien arose by virtue of certain payments made at the instance and request of appellants to…