BARRERA v. GONZALEZ

No. 13670.

341 S.W.2d 703 (1960)

Cruz G. BARRERA et al., Appellants, v. F. C. GONZALEZ, Appellee.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied January 11, 1961.


Attorney(s) appearing for the Case

Gerald Weatherly, Laredo, Arnulfo Guerra, Roma, Werner A. Gohmert, Alice, for appellants.

Pope & Pope, A. J. Vale, Rio Grande City, for appellee.


POPE, Justice.

Whether a deed, absolute on its face, is in fact a mortgage is the subject of this appeal. F. C. Gonzalez, the grantee, sued Cruz Barrera, a widow, and her two minor children as heirs of his grantor, in trespass to try title. He recovered title to two city lots in Roma, Texas, in a trial before the court. Defendants urge that (1) the case should be rendered, since all the evidence shows that the deed from Barrera to Gonzalez was intended as a mortgage...

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