McKeen v. Sultenfuss
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. On December 18, 1875, appellant brought this suit of trespass to try title against appellees to recover the land described in the petition.
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Appeal from Bexar. Tried below before the Hon. Geo. H. Noonan. On December 18, 1875, appellant brought this suit of trespass to try title against appellees to recover the land described in the petition. He claimed by deed of conveyance from John H. Herndon to J. L. & A. 0. McKeen, dated January 7, 1867, and filed for record November 7, 1868, and a deed from J. L. McKeen to appellant, dated May 23, 1874. Appellees answered to the effect that, while the deed from Herndon to the McKeens was absolute in form, it was in fact a mortgage." They also claimed that, without notice of the existence of…
1Opinion of the Court
Watts, J. Com. App.—
This was an action of trespass to try title. Appellant claimed under a deed from John H. Herndon dated January 7, 1867, and recorded in Bexar county, where the land conveyed was situated, ¡November 7,1868. Appellees asserted by their answer that, although absolute in form, in fact this deed was a mortgage given to secure a debt. That issue was submitted to the jury, and the verdict affirmed it to be an absolute conveyance; and for the purposes of this appeal it will be so considered.
In March, 1868, John H. Herndon, through an authorized agent, executed a deed of trust on…
2Cases cited9 opinions
- Ayres v. DupreyTexas Supreme Court · 1864
- Lord v. MorrisCalifornia Supreme Court · 1861
- Blankenship v. DouglasTexas Supreme Court · 1862
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- Pollard v. CockeSupreme Court of Alabama · 1851
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3Cited by10 opinions
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