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JOHNSON v. CHERRY

No. C-5160.

726 S.W.2d 4 (1987)

Richard W. JOHNSON, Petitioner, v. F.G. CHERRY, et al., Respondents.

Supreme Court of Texas.

Rehearing Denied April 15, 1987.

Attorney(s) appearing for the Case

Bill Parker, Smead, Anderson, Wilcox & Dunn, Longview, for petitioner.

Jerry W. Hill and Mr. John M. Smith, Roberts-Harbour Law Firm, Longview, for respondents.

SPEARS, Justice.

Richard Johnson sued to cancel a deed given by him to F.G. Cherry and the Texas State Bank of Tatum on the ground that the deed was actually a constitutionally prohibited mortgage on Johnson's homestead. Based on jury findings, the trial court rendered judgment for Johnson cancelling the deed and awarding damages. The court of appeals reversed the judgment of the trial court. 703 S.W.2d 819. We reverse the court...

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