Crafts v. Daugherty

Stayton, Associate Justice.

This is an action of trespass to try title instituted by appellant August 17, 1878, but the petition further seeks to have a deed canceled under which it is claimed the appellee asserts title.

On February 20, 1870, Edward Daugherty conveyed the land in controversy to the appellant by a deed which recited a consideration of eight thousand dollars; but the evidence shows that the real consideration was fifteen hundred dollars, of which two hundred was paid at the time of the conveyance, and simultaneously with the making of the deed appellant executed to his vendor a…