Wheat v. Citizens National Bank at Brownwood

GRISSOM, Chief Justice.

J. F. Wheat and wife sued the Citizens National Bank at Brownwood to cancel their deed to the bank on the ground that it was a mortgage on their homestead. A jury found that (1) it was not agreed between Mr. Wheat and the bank that said deed was to be considered as a mortgage to secure Wheat’s indebtedness to the bank and that (2) the officer who handled the transaction at the time the bank paid Wheat’s debt and taxes believed in good faith that said instrument was a deed conveying the land to the bank. Judgment was rendered for the bank and the Wheats have appealed.

Appe…