Thornton v. Central Loan Co. (164 S.W.2d 248, 1942)

BLAIR, Justice.

Appellant, A. C. Thornton, sued appel-lees, Central National Bank of San Angelo, as administrator of the estate of E. E. Thornton, deceased, and Central Loan Company, in trespass to try title to 198 acres of land herein described as Block 36, in Tom Green County; and from an instructed verdict and an adverse judgment brings this appeal.

E. E. Thornton and Vinnie O. Thornton were husband and wife, and appellant was their only child. The wife died in September, 1931, leaving a will which was duly probated, and which devised all her property to her husband; the inventory showing Block 36 as community property. E. E. Thornton died in 1934, intestate, and appellant was appointed temporary administrator of his estate, and the inventory listed Block 36 as belonging to E. E. Thornton’s estate. Later appellee Central National Bank was made permanent administrator of the E. E. Thornton estate.

The claim of appellee Central Loan Company was upon a note and deed of trust lien on Block 36, executed by E. E. Thornton after his wife’s death, dated in December, 1931, and renewed in 1933;