WARREN v. McFARLANE

No. 3853.

347 S.W.2d 815 (1961)

Mrs. L. H. WARREN, a feme sole, Appellant, v. Clarence McFARLANE, Executor of the Estate of W. G. Pryor, Deceased, et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied July 5, 1961.


Attorney(s) appearing for the Case

DeLange, Hudspeth & Pitman, Eugene J. Pitman, Houston, for appellant.

Hill, Brown, Kronzer & Abraham, W. James Kronzer, Houston, for appellees.


WILSON, Justice.

This is an appeal from judgment in a non-jury trial declaring that a deed to appellant, absolute on its face, was intended by the parties to be a mortgage on grantors' homestead as security for a loan. The court found that the only consideration for its execution was a loan by appellant of $800 for six months at 6% interest; that appellant did not communicate to grantors her intention the instrument was to be a sale, but represented to them its purpose...

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