Bradshaw v. McDonald

CODY, Justice.

The petition on which appellee, as plaintiff, went to trial contained a count in trespass to try title, but the purpose for which he brought the suit was to establish that an absolute general warranty deed which he had executed to the grantees named therein on September 9, 1939, was a mortgage. The following facts are not disputed: That on and prior to the date of said deed, appellee owned the record title to the property described therein (the same being four lots located in South Houston Gardens No'. 6, a subdivision in Harris County,) but that appellee owned said property…