Opinion

Garner v. Brown

  • 200 S.W. 1161
  • 1918 Tex. App. LEXIS 108
Court
Court of Appeals of Texas
Filed
Jan 17, 1918
Status
Published
Author
Hodges
On the bench
Hodges
Cited by
0 cases

The opinion

HODGES, J.

The appellees, husband and wife, filed this suit to cancel a deed which they had previously executed, alleging that it was a mortgage upon their homestead. In response to special issues submitted, the jury found that the land involved was the homestead of appellees, and that the deed assailed was executed and intended to operate as -a deed of trust to secure the payment of a debt. The assignments of error attack the sufficiency of the evidence to support the finding last above mentioned. The appellee and his wife both testified to a state of facts which, if true, fully warranted the jury in concluding that the deed was a mortgage. While this testimony was, in substance, denied by the appellant, there was an issue for the jury, and the judgment will be affirmed,

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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