Bell v. Whitehead

It appears from the record that G. R. Duke became surety on a guardian’s bond, prior to the adoption of the constitution of 1877. In this bond there was no waiver of. homestead or exemption. Subsequently he was sued upon the bond, and a judgment rendered in 1885 against him as surety. In 1890 Duke became indebted to S. J. Smith, J. A. Duke, and W. A. Watson, and gave to each of them a promissory note containing a waiver of homestead and exemption. After the execution óf these notes, he took a homestead under the provisions of the constitution of 1868. Smith, J. A. Duke, and Watson’s…