Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 17
1875.] ADAMS V. HUBFMASTER. 17
Opinion of the court.
ports to be an absolute deed of conveyance, (as they allege,
of their homestead,) an(I if it cannot be annulled, then
that it be held to be a mortgage, but not subject to foreclosure
while the land remained their homestead, and that
it be corrected, so as to include only that part of the land
described for which, according to the intention of the parties
at the time it was executed, it was to have been given.
The grounds upon which the plaintiffs claim the relief
prayed for are fraud, misrepresentation, and deceit practised
upon them by IHuffmaster, whereby they were induced
to execute the deed, the particulars whereof are
fully and specifically alleged and set forth in their original
and amended petitions; that the deed, though absolute in
form, was in fact understood and intended by the parties
at the time it was executed as a mortgage in favor of the
grantee; mutual mistake as to the quantity of land included
in the deed; want of consideration for the conveyance;
ignorance of the grantors as to its legal effect and
of quantity of land inclosed in it; undue influence exerted
over them by Huffnaster through his professional relationship;
failure of uffinmaster to comply with the terms
and stipulations of the agreement on his part, in considertion
of which they were induced to execute the deed; and
that the intervenor purchased the land as Huffmaster's
-roperty, with a full knowledge of all the facts, after the
commencement of this suit, and without the payment of
any reasonable or adequate consideration.
It would be an unprofitable consumption of time to cull
from the petition and amended petitions the averments
from which we deduce the foregoing summary of the
pounds upon which the plaintiffs claim the relief they ask,
or to comment upon them to show, if true, that they are
sufficient to entitle the plaintiffs to the interposition and
protection of the court. Plaintiffs' grounds of action are
presented elaborately and fully, and at the same time with
mrore than ordinary force and perspicuity; and upon
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/25/ocr/: accessed October 22, 2016), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .