Fulmore v. Benson

On November 22, 1921, W. D. Benson filed a suit in the district court of Lubbock county, Tex., against S. R. Fulmore, alleging that the plaintiff, Benson, had deeded 36 lots to one S. F. Tubbs, taking from the latter 27 vendor’s lien notes as part of the purchase money; that afterwards Tubbs had deeded the lots to S. R. Fulmore, who had assumed the payment of the 27 promissory notes executed by Tubbs, and Benson’s suit against Fulmore was for the purpose of collecting the notes referred to, and foreclosing the lien by which they were secured. Tubbs was not at the time made a party to that…