Johnson v. Cherry

SPEARS, Justice.

Richard Johnson sued to cancel a deed given by him to F.G. Cherry and the Texas State Bank of Tatum on the ground that the deed was actually a constitutionally prohibited mortgage on Johnson’s homestead. Based on jury findings, the trial court rendered judgment for Johnson can-celling the deed and awarding damages. The court of appeals reversed the judgment of the trial court. 703 S.W.2d 819. We reverse the court of appeals’ judgment and remand this cause to the trial court.

In July 1974, Richard W. Johnson purchased 348 acres of land in Shelby County for $125,000 with his…