Court of Appeals of Texas February 25, 1911 (Witt v. Amarillo Nat. Bank)

DUNKLIN, J.

E. J. Witt has appealed from a judgment in favor of the Amarillo National Bank for the amount due on a promissory note executed by him. The following facts were alleged in a special plea filed by Witt:

Contemporaneously with the execution of the note, appellant also executed a • mortgage in favor of the bank on certain real estate to secure the payment of the note.