Wilbanks v. Wilbanks

This is a controversy between the heirs of E. R. Wilbanks, deceased. The petitioners, who were plaintiffs below, are two of E. R. Wilbanks’ sons, the widow of a deceased son, and' several grandchildren. Respondent, who was defendant below, is the other surviving son of E. R. Wilbanks. The relief sought by the petitioners was a determination that a deed from E. R. Wilbanks to respondent, William A. Wilbanks, conveying a mineral interest under 480 acres of land in Hansford County, was intended by the parties thereto as a mortgage only, given to secure an indebtedness of Gilbert Wilbanks, one of…