Crowley v. Redmond

LATTIMORE, Justice.

Appellee held a deed of trust executed by a guardian. He attempted a trustee’s sale and thereafter sued in trespass to try title with an alternative count for debt and foreclosure. The trial court instructed a verdict, for title and possession. This was reversed and remanded on appeal, Redmond v. Crowley, 123 Tex. 315, 41 S.W. (2d) 274, 278, 70 S.W. (2d) 1113, “with instructions to the district court to hear and determine appellee’s alternative plea, and, if the facts as therein appear * * * are proven, to then ascertain and adjudge in appellee’s favor the amount of his…