Thigpen v. Locke

HAMILTON, Justice.

This is a suit to set aside two deeds exe- - cuted by Mr. and Mrs. Robert C. Locke-(plaintiffs) by which they conveyed title to • a Flouston lot and grocery store to J. W. Thigpen (defendant). The trial court instructed verdict for Thigpen, and the Court: *249of Civil Appeals has reversed and remanded. 353 S.W.2d 249. Thigpen is petitioner here

Respondents’ theory is that the first deed is void because intended as a mortgage on 'business homestead property. Since petitioner does not rely on this deed, it need not he considered.

As to the second deed, dated January 2, 1951,…