# Garner v. Brown

> Court of Appeals of Texas · January 17, 1918 · 200 S.W. 1161

URL: https://www.frixlaw.com/law-library/cases/3976830

## Case

- **Full name:** Garner v. Brown Et Ux.
- **Court:** Court of Appeals of Texas
- **Decided:** January 17, 1918
- **Citations:** 200 S.W. 1161; 1918 Tex. App. LEXIS 108
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Hodges
- **Judges:** Hodges
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3976830

## Opinion text

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,

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3976830. Public record. Not legal advice.