Home State Bank v. Cavett

O’QUINN, Justice.

W. R. Cavett brought this suit against Home State Bank of Marble Falls, as holder, and Thomas T. Smith, as trustee, of a deed of trust, seeking to have the deed of trust declared invalid and to remove cloud from Cavett’s title to the real property described in the deed.

The principal basis for the lawsuit was that the deed of trust “ . . .is invalid and void because the indebtedness it purported to secure did not exist as [at] the time of the execution . . . or at any time thereafter, causing a failure of consideration for said Deed of Trust.”

Trial was before the court without…