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IVY v. CARRELL

No. A-11470.

407 S.W.2d 212 (1966)

Marshall IVY, Petitioner, v. Cecil CARRELL, Respondent.

Supreme Court of Texas.

October 5, 1966.

Attorney(s) appearing for the Case

Glenn Faver, Jasper, for petitioner.

Barber & Seale, Sid S. Stover, with above firm, Jasper, for respondent.

CALVERT, Chief Justice.

Cecil Carrell was plaintiff, and Marshall Ivy was defendant in the trial court, and they will be so referred to in this opinion. The purpose of Carrell's suit was to have a deed, executed and delivered by him to Ivy, declared to be a mortgage, and to remove cloud from title to the land therein described.

Carrell's suit was filed on June 12, 1963, and an answer was filed by Ivy on June 26, 1963. An amended petition was filed on July...

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