Irvin v. Johnson

BEESE, Associate Justice.

This is a suit in trespass to try title by W. .H. Irvin against James Johnson, Fannie Johnson, his wife, and' Sarah, a minor, only surviving child of the said James and a former wife, Fannie Wyatt Johnson, to recover a lot in the city of Houston. Defendants, in their answer, set up the following defenses:

First. The deed for the property from James Johnson and Fannie, his present wife, t'o W. H. Irvin, was procured by fraud on the part of said Irvin.

Second. That said instrument was intended by the parties to be a mortgage or security, and the property being at the time…