Price v. Briscoe

Mr. Judge Brewster

delivered the opinion of the Commission of Appeals, Section A.

This is an action in trespass to try title brought by Rice Price, petitioner, against Ogden Porter Biscoe (and her husband), respondent, for the title and possession of an undivided l/6th interest in 116 acres of land and to cancel a deed executed on August 29, 1929, by petitioner conveying said undivided interest to respondent. Petitioner alleged that said deed, although absolute on its face, was in fact only a mortgage to secure an indebtedness due by him to her.

Only two issues were submitted to the jury. The…