Wright v. Richcreek

MARTIN, Justice.

The parties' will carry here the same des-, ignation as in the trial court.

Plaintiff sued defendants for the title and possession of a section of land in Castro county, Tex. Defendants answered by plea of not guilty, claiming that an absolute deed held by plaintiff to this land was in fact a mortgage.

The essential facts are: Defendants in 1929 received a deed to this land, which recited they took it subject to an indebtedness of $7,200 in favor of the Dallas Joint Stock Land Bank, and also subject to an indebtedness of $11,194 due plaintiff. Thereafter, a new contract was made…