Citizens' Nat. Bank of Valliant, Okl. v. Stroud

GRISSOM, Chief Justice.

This is a suit in trespass to try title to a one-sixth interest in 640 acres of land in Stephens County, Texas, instituted by George Stroud against the Citizens National Bank of Valliant, Oklahoma and others. Plaintiff alleged the execution of a deed by him to said bank on July 30, 1923, covering his one-sixth interest in said land, which deed was absolute on its face, but that it was mutually intended as a mortgage to secure his debt to the bank, evidenced by a note in the principal sum of $3,185.48, which, he charged, had been thereafter paid. In the alternative,…