Stroup v. Rutherford

MARTIN, Justice.

Appellant, Mrs. Huida W. Stroup, executed a chattel mortgage on certain personal property and a deed of trust lien on a tract of land in Comanche County, Texas, to secure J. K. Cawthron in the payment of a note in amount $5,108.95. Cawthron assigned this note and the liens securing the same to appellee, M. M. Rutherford, d/d/a Rutherford Enterprises. On nonpayment of the note, appellee sued appellant to recover the debt and for foreclosure of his chattel mortgage lien and of his deed of trust lien. In the trial court, the parties tried the cause solely on the issue of whether…