Rudolph v. Hanes

BROWN, Justice.

On April 23, 1926, appellees, L. C. Hanes and his wife, Genevieve, made, executed, and delivered to Ross Smith, as trustee, their deed of trust conveying the 81 acres of land in controversy to secure an indebtedness of $6000 — represented by a promissory note.

This instrument in writing, which is shown to have been properly acknowledged by both appellees, contains the following statement: “That said property herein described, or any part thereof is not our homestead, used or enjoyed by us as such.”

Default having been made in the payment of the balance due upon the indebtedness…