GRIGGS v. CURRY

No. 3707.

336 S.W.2d 248 (1960)

S. W. GRIGGS et al., Appellants, v. J. W. CURRY, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied June 9, 1960.


Attorney(s) appearing for the Case

J. S. Simkins, Corsicana, for appellants.

Bowlen Bond, Teague, for appellee.


WILSON, Justice.

Defendant in this trespass to try title action filed pleas of not guilty and limitation, with a cross-action alleging plaintiffs conveyed the land to his predecessor in title, N. S. Curry, by warranty deed in 1927, in consideration of cancellation of two notes. Plaintiffs countered with allegations the deed was intended as a mortgage to secure pre-existing indebtedness which N. S. Curry claimed they owed, but which they had previously paid; that they...

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