Citizens' Nat. Bank of Waco v. Billingsley

In 1913, B. F. and J. A. Smith, brothers, purchased 126 acres of land in Falls county, paying $2,300 in cash and executing their four notes for $1,000 each, they having a verbal agreement at said time that B. F. Smith would pay notes 1 and 2, and J. A. Smith notes 3 and 4, and that the land would then be partitioned between them, each taking one-half thereof. The time of payment of the notes was extended, and in January, 1922, B. F. Smith paid the second of his two potes, and J. A. Smith had paid one of his notes. At said time, January, 1922, J. A. and B. F. Smith went on the land and…