Cooper v. Irvin

GRISSOM, Justice.

Appellants sued appellees on the third, fourth, and fifth notes of a series of five promissory vendor’s lien notes, seeking to recover a judgment for the debt evidenced thereby, and to foreclose a lien on realty. The original petition was filed November 17, 1934. The notes were dated November 18, 1925. Notes Nos. 3 and 4 were each for the sum of $100 and note No. 5 was for $150. They were due and payable on or before November 18, 1928, 1929, and 1930, respectively. When the original petition was filed, appellants’ then attorney instructed the clerk not to issue citation,…