Odum v. Menafee

WILLIAMS, Associate Justice.

This suit was brought by defendant in error to recover of plaintiffs in error a tract of land. The petition was in the usual form in trespass to try title, and the answer was a general denial and plea of not guilty. Judgment was rendered for plaintiffs, from which this writ of error is brought.

Odum, in 1887, owned the land in controversy, and, with his wife, occupied it as a homestead. In February, 1887, the two joined in a deed, absolute in form, purporting to convey the land to Menafee, but in fact the instrument was intended merely as a security for money then…