Blair v. Paggi

Appellants, Frank Blair and wife, instituted this suit to cancel an instrument in the form of a general warranty deed executed by them to J. S. Wheless, and a deed of trust executed by Wheless to one Hard-wicke, as trustee for the use and benefit of Ed. Paggi. Appellants alleged that the instrument was intended as a mortgage, and, as it purported to convey a part of their homestead, was void, and that Paggi knew this when he made the loan to Wheless, taking this land as security. Wheless, Paggi, and L. J. Benckenstein, as substitute trustees, were made defendants. As substitute trustee,…