Benjamin v. Youngblood , 1918 Tex. App. LEXIS 1264 ( 1918 )

HIGGINS, J.

On May 1, 1914, J. F. Har-bour conveyed to Abbie L. C. Benjamin, the wife of H. W. Benjamin, certain lands, as her separate property. In part payment therefor, she executed promissory notes of even date with the deed. In the execution of the notes her husband joined pro forma. The present suit was brought by the appellees against Mr. and Mrs. Benjamin to recover upon the notes and for foreclosure of lien. A personal judgment was rendered against Mrs. Benjamin for the amount of the notes with foreclosure of the vendor’s lien against her and her husband. From this judgment the Benjamins appeal, presenting the proposition that promissory notes executed by a feme covert for the unpaid purchase price of land are not binding upon her and that the court erred in rendering a personal judgment against her.

The question presented is ruled by the decision of the 'Supreme Court in the case of Red River National Bank v. J. E. Ferguson et al., 206 S. W. 923, not yet officially reported. Upon the authority of that case, the contention of the appellants is sustained, the judgment of the lower court reversed, and judgment here rendered against Mr. and Mrs. Benjamin in favor of the appellees, foreclosing the latter’s lien and ordering the land sold in satisfaction of the amount due the respective appel-lees upon the notes sued upon; the judgment of this court in all respects to conform to the judgment of the lower court, except that no personal judgment is here rendered against the Benjamins.

Reversed and rendered.

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