Thomas v. First Nat. Bank of Hico

KEY, Chief Justice.

The First National Bank of Hico brought this suit against L. L. Thomas and C. Viertel, and sought a personal judgment against Thomas on a promissory note, and a judgment against both defendants foreclosing a vendor’s lien upon a tract of land. Thomas filed no answer, and judgment by default was rendered against him. The defendant Viertel answered by general denial and a special plea, averring that he was an innocent purchaser for value and without notice.

The case was tried without a jury and judgment rendered for the plaintiff against the defendant Viertel, foreclosing the…