Zapata v. Torres

GUITTARD, Justice.

This suit was filed by Salvador Torres as executor and devisee dnder the will of Angel Garcia to cancel a deed executed by Garcia in favor of M. C. Zapata and Jerry Ray Zapata. The facts are undisputed and are stated in the pleadings.

On May 15, 1962, Garcia executed the deed in question conveying a house and lot to the Zapatas. The consideration recited is ten dollars paid and the assumption and agreement by grantees to pay “as same shall become due and payable” one certain promissory note of the same date in the principal sum of $4,100 executed by Garcia and payable to Oak…