Funderburk v. Doffle-Myer

HUGHES, Justice.

Appellants E. L. and Ora Lee Funder-burk, husband and wife, sued the San Saba National Bank and W. C. Dofflemyer to cancel a deed from appellants to* the Bank, dated October 26, 1936, which deed purported to convey 97⅝ acres of land out of Y. Gortary League, Survey 11, in San Saba County. Dofflemyer purchased the land from the Bank.

The grounds relied upon for cancellation •were: (1) that the deed of October 26, 1936, while in the form of a deed was in fact a mortgage; (2) that the land described in such deed had been used and occupied by appellants as their homestead from…