Ehert v. Chapman

Nicholson, C. J.,

delivered the opinion of the court..

Complainants file this bill to set up their right to-a homestead in a house and lot in Chattanooga, conveyed by complainant, George Ehert, to defendant, H. L. Chapman, on the 28th of December, 1870, Ehert’s wife not having joined in the conveyance. They also seek to have the conveyance referred to declared to be a mortgage, and not an absolute conveyance. The chancellor held that complainants were not entitled to a homestead in the lot, and that the deed was to be-*28regarded as a mortgage; but as Chapman, the mortgagee, had conveyed the lot…