STARNS v. ADAMS

No. 5140.

484 S.W.2d 454 (1972)

Leonard STARNS, Appellant, v. Leon ADAMS, Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied September 14, 1972.


Attorney(s) appearing for the Case

Charles L. Black Aycock, Frank W. Allen, Houston, for appellant.

Hollis Cordray, Jr., Fred A. Lange, Houston, for appellee.


OPINION

McDONALD, Chief Justice.

This is an appeal by defendant Starns from judgment declaring an instrument in the form of a deed, to be a mortgage, and awarding plaintiff Adams fee simple title to 105 acres of land.

Plaintiff Adams sued defendant Starns to declare a general warranty deed under which plaintiff's grandmother Mary Etta Adams conveyed 105 acres of land to defendant, to be a mortgage. Defendant denied the deed was a mortgage, and alternatively...

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