Texas Supreme Court October 5, 1966, A-11470 (Ivy v. Carrell)

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.