Griswold v. Citizens National Bank in Waxahachie

TIREY, Justice.

The action is one to set aside and cancel a deed to the homestead of appellants on the ground that the deed was a mortgage. The appellees contended that the deeds were conveyances as distinguished from mortgages and they also set up cross-actions to recover certain indebtedness owed them by appellant A. R. Griswold. The. trial court overruled appellants’ motion for, instructed verdict ánd submitted two issues to the jury:

1. “Do you find from the evidence that at the time of the execution of the deed from the plaintiffs A. R.. Gris-wold and wife Ruby Griswold, to the defendants…