Duke v. Garrett

TIREY, Justice.

The plaintiffs brought this suit for debt and foreclosure of vendor’s lien and deed of trust lien on a certain tract of land in Limestone County. This is the second appeal to this court. See Duke v. Garrett, Tex.Civ.App., 263 S.W.2d 680 for statement. For the sake of brevity, perhaps we should say that plaintiffs’ suit is for the balance due for purchase money and foreclosure of vendor’s lien and deed of trust lien, and appellants’ cross-action sought to offset against purchase money the value of the minerals because of failure of title in this behalf.

On the second trial the…