138 S.W. 426 | Tex. App. | 1911
J. N. Porter filed this suit in the district court of Taylor county against W. N. Moore, S. P. Moore, Susie Moore, C. B. Moore, Evie Youngblood, J. F. Banner, Henrietta Banner, W. M. Lacy, F. M. Miller, and H. H. Moore, alleging in substance that he was the owner of four promissory notes of the defendants W. N. and S. P. Moore for the sum of $2,219.50 each, secured by a deed of trust on lands described in his petition; the defendant Lacy being the trustee in said deed of trust, and the other defendants were made such because of the alleged assertion by them of some interest in the land. The defendant H. H. Moore alone answered, pleading a deed of trust upon the land in controversy of a date anterior to plaintiff's, securing a note for the sum of $1,960, executed by the defendant S. P. Moore, and alleging specially that on May 13, 1909, at the time when according to his allegations his note and lien were barred by the statute of limitations, the defendant S. P. Moore, the maker, had written him specifically renewing said deed and lien. The cause was tried *427 before the court, who rendered judgment for plaintiff for the amount of his debt and the foreclosure of his lien as a prior lien upon the premises, and in favor of defendant H. H. Moore for the amount of his debt, with a foreclosure of a second lien, from which defendant H. H. Moore has appealed.
Waiving the generality of the assignments, the real question presented by the appeal is whether or not the court erred in holding appellee's lien to be a prior lien to that of appellant. That he did not appears to be settled by the case of Cason v. Chambers,
Appellant cites the case of Johnson. v Real Estate Association,
There is no error in the judgment, and it is affirmed.