Texas Title Guaranty Co. v. Shepherd

This is an action in foreclosure by the alleged assignee of a note and the real estate mortgage security, and to quiet title to the mortgaged premises.

Plaintiff in error, the Texas Title Guaranty Company, by verified answer pleaded ownership and lawful possession of the premises in itself, denied the execution of the note and mortgage by the former owners and alleged mortgagors, denied that the instruments were assigned by the mortgagee, pleaded the five-year statute of limitations. and denied that an alleged payment Indorsed on the note within said statutory period was made.

The defendant…