STEPHENSON, Justice.
This is a suit to have a deed declared a mortgage, and to have a cloud removed from the title to plaintiff's land. Trial was before the court and judgment was rendered for plaintiff. The parties will be referred to here as in the trial court.
Defendant's only point of error is that the trial court erred by abusing its discretion in failing to grant defendant's motion for new trial. The record shows plaintiff filed this suit June 12, 1963...
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