McChesney v. Johnson

LATTIMORE, Justice.

This appeal involves a mortgage on a homestead claimed by virtue of a common-law marriage. The mortgage, dated in June, 1927, recited Johnson to be a single man. This debt was reduced to judgment and appellant loaned Johnson money to satisfy that judgment and taxes and took a deed of trust in April, 1931, which also recited Johnson to be a single man.

Appellees, who are negroes, filed this suit to remove cloud from title, alleging themselves to be husband and wife by virtue of a common-law marriage contracted in the fall of 1926 in Fort Worth and that the mortgaged property…