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NAPPER v. JOHNSON

No. 4974.

464 S.W.2d 496 (1971)

Jim L. NAPPER and Wife Jo Ann Napper, Appellants, v. Earl B. JOHNSON, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearings Denied March 4, 1971.

Attorney(s) appearing for the Case

Charles Ben Howell, Dallas, for appellants.

Anderson, Henley, Shields, Bradford & Pritchard, W. A. Pritchard, Dallas, DeLange, Hudspeth, Pitman & Katz, Eugene J. Pitman, Houston, for appellee.

OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiffs Napper and wife from a take nothing judgment, in a suit to cancel an instrument in the form of a deed, which plaintiffs executed to defendant Johnson on their home. Plaintiffs assert the instrument was intended to operate as a mortgage.

Plaintiffs sued defendant alleging they owned their home in Dallas; that they requested a $15,000. loan from defendant; that defendant to mask the real...

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