Elmore v. Hubbard

ANDERSON, Chief Justice.

This is a suit in form of trespass to try title, brought by appellees against appellant Mrs. Elmore. It involves 20 acres of land in San Jacinto County, a part of the W. G. Logan League. Lucy Kirksey, an unlearned Negro woman, is the agreed common source of title. In addition to an ordinary trespass-to-try-title count, appellees specially pleaded that what is in form a deed Lucy Kirksey executed and delivered to J. R. Elmore on July 6, 1935, was in fact a mortgage, given to secure a debt which was later discharged. The deed recited a cash consideration of $150.…