Sayers v. Texas Land & Mortgage Co.

GAINES, Associate Justice.

This was an action of trespass to try title, brought by the appellant against the appellee and others. Appellee pleaded not guilty and also answered specially. Its codefendants disclaimed. The special answer alleged that a certain firm and a certain corporation, neither of which were parties to the suit, had each executed a deed in trust upon the land in controversy and other lands to secure the defendant the Texas Land and Mortgage Company in large sums of money, and that in satisfaction of the mortgage the land conveyed by the deed had been sold, but that a balance…