O'Connell v. Scott

LONG, Justice.

On December 3, 1945, J. Ben Ross executed a promissory note in the sum of $3,-618.00 payable to Ruby LaRue Scott. On the same date, to secure the payment of said note, J. Ben Ross executed a deed of trust in favor of Ruby LaRue Scott covering all mineral rights owned by him in several tracts of land situated in Knox County, Texas. Thereafter, on March 15, 1948, J. Ben Ross died intestate, leaving as his sole surviving heirs his brother, Frank L. Ross and his sister, Mrs. Elizabeth R. Hoge. Ruby LaRue Scott instituted this suit against Frank L. Ross, Elizabeth R. Hoge and…