SUDDERTH v. HOWARD

No. 8843.

560 S.W.2d 511 (1977)

Homer SUDDERTH and wife, Shirley Sudderth, Appellants, v. Freddie HOWARD and wife, Billie L. Howard, Appellee.

Court of Civil Appeals of Texas, Amarillo.

Rehearing Denied January 23, 1978.


Attorney(s) appearing for the Case

Huffaker & Green (Gerald Huffaker), Tohoka, for appellants.

Garner, Vickers & Purdom (Robert E. Garner), Lubbock, for appellee.


REYNOLDS, Justice.

Homer Sudderth and his wife, Shirley Sudderth, initiated this litigation to (1) cancel their deed purportedly conveying their homestead to Freddie Howard and his wife, Billie L. Howard, and (2) recover statutory usury penalties from the Howards for the alleged usurious transaction. Based on a single jury finding that the deed, coupled with an option to repurchase, was not intended as a sale, the trial court rendered judgment cancelling the deed...

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