SCOTT v. BISHOP

No. 5990.

581 S.W.2d 206 (1979)

Sarah Elizabeth SCOTT, et vir, Appellants, v. Arthur E. BISHOP et al., Appellees.

Court of Civil Appeals of Texas, Waco.

Rehearing Denied May 24, 1979.


Attorney(s) appearing for the Case

Douglas Riley, Jr., Dallas, for appellants.

Larry F. Amerine and Rick W. Hightower, Biggers, Lloyd, Biggers, Beasley & Amerine, Dallas, for appellees.


OPINION

McDONALD, Chief Justice.

This is an appeal by plaintiffs Scott from a take-nothing judgment in suit to declare a warranty deed to be a mortgage; and to enforce an alleged option to repurchase the property.

Plaintiffs Sarah Scott and husband sued defendants Arthur E. Bishop and son Arthur Patrick Bishop, alleging plaintiffs in 1940 acquired as their homestead a described house and lot in Dallas; that in 1959

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