Kemper v. Geo. W. Owens Lumber & Loan Co.

This suit was by appellees against appellant to recover a balance due on the contract price for the construction of certain improvements. W. Kemper was the executor of the last will and testament of his deceased wife, Belle Beggs Kemper, against whom the money judgment was sought, individually, and D. R. Kemper and numerous nonresidents, against whom foreclosure was sought.

It was alleged that the testatrix, who owned the real property, by will duly probated appointed W. Kemper her executor without bond, and free from the control of the probate court, who qualified and took charge of the…