Mid-State Homes, Inc. v. Brown

EMBRY, Justice.

This is an appeal from judgment on a jury verdict in behalf of defendants Brown. The action was one of statutory ejectment brought by Mid-State Homes, Inc. seeking to recover real estate; a residence and the lot on which it was situated.

The issues were framed by pretrial order, the pertinent portions of which are found in paragraph three thereof:

“3. Position of the parties.

A. Plaintiff contends: That the defendants, on March 25, 1968, executed a mortgage conveying the real estate described in the complaint as amended to Jim Walter Corporation, the same being recorded in Book…