Hurst v. Byars

This action was instituted on November 8, 1954, by the defendants in error, plaintiffs below, to quiet their title to a described tract of land against the plaintiffs in error, defendants below. The parties will hereinafter be referred to by their trial court designation.

In answer to the plaintiffs’ petition, which alleged the facts upon which they based their title, the defendant Hopkins answered, alleging himself to be the owner of an unpaid, recorded, purchase money mort gage executed by Pope Byars, deceased husband and father of the plaintiffs, and by Clarissa E. Byars, his wife, one of…