Flynn v. Citizens' Nat. Bank of Waco

STANFORD, j.

This suit was filed by H. H. Flynn and wife, May Flynn, plaintiffs in error, who will hereafter be referred to as plaintiffs, against the Citizens’ National Bank of Waco, defend ant in error, which will be referred to as defendant, to recover a house and lot in Waco, Tex. Said house and lot bad been conveyed by plaintiffs to defendant by what appeared upon its face to be a regular warranty deed, for the stated consideration of $4,500. Plaintiffs contended said instrument was intended as a mortgage or deed of trust to secure a debt due by plaintiffs to defendant, and that, as said…