Langham v. Gray

*742WALKER, J.

On the 23d day of June, 1911, Sam Lee Gray executed to Ms brotlier, H. L. Gray, an instrument in the form of a general warranty deed, purporting to convey a certain piece of property. On the trial of this case below, H. L. Gray was the plaintiff, and it was the contention of the defendants that tMs instrument was a mortgage. The evidence was abundantly sufficient to raise this issue. On the 26th day of June, 1911, three days later, Sam Lee Gray, by warranty deed, conveyed the same property to McFad-din-'Wiess-Kyle Land Company. Under this deed they went into immediate possession,…