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WHEAT v. CITIZENS NATIONAL BANK AT BROWNWOOD

No. 3366.

310 S.W.2d 735 (1958)

J. F. WHEAT et ux., Appellants, v. CITIZENS NATIONAL BANK AT BROWNWOOD, Appellee.

Court of Civil Appeals of Texas, Eastland.

Rehearing Denied February 28, 1958.

Attorney(s) appearing for the Case

Ben D. Sudderth, Comanche, for appellant.

T. C. Wilkinson, Gordon Griffin, Jr., Brownwood, for appellee.

GRISSOM, Chief Justice.

J. F. Wheat and wife sued the Citizens National Bank at Brownwood to cancel their deed to the bank on the ground that it was a mortgage on their homestead. A jury found that (1) it was not agreed between Mr. Wheat and the bank that said deed was to be considered as a mortgage to secure Wheat's indebtedness to the bank and that (2) the officer who handled the transaction at the time the bank paid Wheat's debt and taxes believed in good faith...

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