Hensley v. Home Savings & State Bank

This is a suit to foreclose a real estate mortgage, and from a judgment in favor of plaintiff, defendants appeal to this court. The parties will be referred to as they appear in the trial court.

The record discloses that plaintiff instituted suit for judgment upon certain notes and the foreclosure of a real estate mortgage given as security therefor. Defendants answered in said cause, and pleaded as a defense that defendants were without power or authority to execute and deliver the notes and mortgage under consideration, for the reason they were Choctaw Indians, having less than half-blood,…