Swain v. Mitchell

ELY, Associate Justice.

This suit was instituted by James E. Mitchell against W. F. Swain and his wife, Viola Swain, in trespass to try title to certain land in the city of Dallas. The trial was by jury and a verdict was instructed in favor of defendant in error.

Defendant in error claims the land through a trustee’s deed made to him under and by virtue of a deed of trust executed by plaintiffs in error to secure a certain promissory note. In the deed of trust is the following provision: “And it is further and lastly specially agreed by the parties hereto that in any deed or deeds given by any…