Modern American Mortgage Corp. v. Nelson

Conley Byrd, Justice.

The trial court cancelled a deed from appellees William R. and Doris Nelson to Jimmy Ray Jones and voided a mortgage from Jones to appellant Modern American Mortgage Corporation. For reversal, appellant contends:

“I. The evidence failed to establish fraud or misrepresentation in the procurement of the warranty deed.

II. The failure of either Mr. or Mrs. Nelson to read the warranty deed estops them from denying the conveyance.

III. Modern American Mortgage Corporation is a bona fide purchaser of a mortgage without notice of defects, and the claim of fraud cannot be asserted…