MUSICK v. BENJAMIN FRANKLIN SAVINGS & LOAN ASS'N.

No. 4097.

367 S.W.2d 209 (1963)

Earl E. MUSICK et ux., Appellants, v. BENJAMIN FRANKLIN SAVINGS & LOAN ASSOCIATION, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 9, 1963.


Attorney(s) appearing for the Case

Divine, Musick & Bennett, Levoy Musick, Houston, for appellants.

Vinson, Elkins, Weems & Searls, Jarrell D. McDaniel, Houston, for appellee.


WILSON, Justice.

Appellants prayed judgment for title to realty, alleging they acquired title by contract of sale executed August 15, 1960. They further alleged the land was "mortgaged" to appellee March 3, 1960. Appellee answered, asking removal of cloud on its title created by the contract, and filed motion for summary judgment for title, which was granted, all other issues being severed.

The record shows without dispute that appellee acquired title through...

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