Silliman v. Gammage

Gould, Associate Justice.

This action of trespass to try title was brought by Gammage to recover of Silliman seven hundred and seventy-nine and three-tenths acres of the John Parker headright survey. The facts are stated in the special findings of the district judge, to whom the case was submitted, and are substantially as follows:

On December 22, 1874, Ben Parker, being the owner of the land, mortgaged one thousand acres of the John Parker survey, including the land in controversy, to secure his note for §500 to Silliman, due six months thereafter, drawing interest at the rate of five per…