Crow v. Heath

OPINION

NYE, Chief Justice.

This is a suit for a deficiency judgment on a second lien note executed by Richard G. Heath, appellee, in favor of Arthur R. Crow, appellant. The note, originally in the amount of fifteen thousand dollars ($15,000.00), was secured by a deed of trust and was given as partial consideration toward the purchase of certain real property in Hidalgo County.

Approximately one year after Heath executed the note, he sold the property to Mr. and Mrs. Joe Gomez, who assumed the unpaid balance on this note as partial consideration for the purchase of the property. Thereafter, the…