Legal Opinion

Wells v. Hilburn

Texas Commission of Appeals

Decided November 25, 1936No. 1635—6687Published

1Opinion of the Court

RYAN, Commissioner.

The questions involved are whether certain deeds of conveyance to real estate, coupled with an agreement by the grantee to reconvey upon payment by the grantors to the grantee of certain sums of money, under the particular facts in this case, constitute a conditional sale or a mortgage, and, if a mortgage, whether tlie mortgagors are barred by their laches and the statute of limitations from asserting any claim to the property in question.

This is an action in trespass to try title begun by Maceo Johns, his sister, Viola Wells, joined by her husband, Sidney Wells, and…

2Cases cited11 opinions

  1. Stafford v. StaffordTexas Supreme Court · 1902
  2. Clark v. HaneyTexas Supreme Court · 1884
  3. Fowler v. StoneumTexas Supreme Court · 1854
  4. Doris v. StorySupreme Court of Georgia · 1905
  5. Gray v. ShelbyTexas Supreme Court · 1892

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