GRISWOLD v. CITIZENS NATIONAL BANK IN WAXAHACHIE

No. 3324.

285 S.W.2d 791 (1955)

A. R. GRISWOLD et ux., Appellants, v. CITIZENS NATIONAL BANK IN WAXAHACHIE et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied January 19, 1956.


Attorney(s) appearing for the Case

C. O. McMillan, Stephenville, L. Hamilton Lowe, Austin, for appellants.

Griffith & Lumpkins, Hancock & Hancock, Waxahachie, for appellees.


TIREY, Justice.

The action is one to set aside and cancel a deed to the homestead of appellants on the ground that the deed was a mortgage. The appellees contended that the deeds were conveyances as distinguished from mortgages and they also set up cross-actions to recover certain indebtedness owed them by appellant A. R. Griswold. The trial court overruled appellants' motion for instructed verdict and submitted two issues to the jury:

1. "Do you find from...

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