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ASCENSION v. SAENZ

No. 13799.

349 S.W.2d 266 (1961)

Jose ASCENSION and Mary Gomez Ascension, Appellants, v. Fielmon SAENZ and G. W. Wilkinson, Appellees.

Court of Civil Appeals of Texas, San Antonio.

Rehearing Denied September 6, 1961.

Attorney(s) appearing for the Case

William L. Scarborough, Corpus Christi, for appellants.

H. A. Burnett, Burnett & Burnett, Sinton, for appellees.

POPE, Justice.

Appellants, plaintiffs below, contend that a deed was intended as a mortgage. The trial court held that the instrument was a deed. We must determine (1) whether appellants' pleadings gave fair notice of the issue stated above, (2) whether their points in the brief preserved the issue, and (3) whether the proof, as a matter of law, established appellants' contention.

Appellants, Jose Ascension and...

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