Mullenax v. Clute

OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Mullenax from order of the trial court overruling his plea of privilege to be sued in Leon County.

Plaintiff Clute sued defendant Mullenax alleging a debt owed by him to Leon Powell, deceased, secured by a Deed of Trust lien upon described property in Freestone *308County. Plaintiff sought judgment for the debt, principal, interest and attorney’s fees and foreclosure of the Deed of Trust lien.

Defendant filed his plea of privilege to be sued in Leon County, the county of his residence, and in addition alleged under oath that the lien…