Fulks v. Smith

Appellee instituted this suit against appellant in trespass to try title. The cause was tried to the court and resulted in judgment being 'entered for appellee for the 125 acres of land in controversy. It was agreed between the parties that the common source of title was in appellant, appellee’s sole contention being that he had become the owner of the property under and by virtue of the sale of same under a deed of trust given by appellant to Waddell Insurance Company to secure a note in the sum of $6,000. Appellant admitted the execution of the note and the deed of trust.

By several…