Wallace v. Berry, Admintstrator

STAYTOjST, Chief Justice.

This is an action of trespass to try title, brought by Mrs. Ray, who died pending the litigation, and it was prosecuted to final judgment by defendant in error as administrator of her estate.

It was admitted that John Lee was the common source of title, and plaintiff in error claims through a sale regularly made in the course of’ the administration of Lee’s estate, and Mrs. Ray claims through a deed made by John Lee several years before his death, which, though in form an absolute deed, was claimed by defendant to have been intended only as a mortgage, and this was the…