RINYU v. TEAL

No. A2178.

593 S.W.2d 759 (1979)

Elnora RINYU et vir, Appellants, v. Homer C. TEAL et ux., Appellees.

Court of Civil Appeals of Texas, Houston (14th Dist.).

Rehearing Denied January 23, 1980.


Attorney(s) appearing for the Case

John V. Elick, Elick & Elick, Bellville, for appellants.

Sidney Levine, Houston, for appellees.

Before J. CURTISS BROWN, C. J., and MILLER and PAUL PRESSLER, JJ.


MILLER, Justice.

The question confronting us in this case is whether a deed, absolute on its face, coupled with an oral repurchase option in the grantor, was in reality a mortgage of a rural homestead, which mortgage provided for usurious interest. The court below held that it was such a mortgage. We reverse and render in part and modify and affirm in part.

The subject matter of the action is three tracts of land, comprising 103.80 acres in Austin County,...

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