Marion County National Bank v. Smith

Evans, J.-

-The record before us is very voluminous, and our more difficult task is to get from it a concise statement of the controlling facts.

On February 11, 1924, W. P. Smith executed and delivered to his wife, Nancy-Y. Smith, a conveyance of 170 acres of land, which included the homestead 40, and comprised all of- the land owned by the grantor save 10 acres. Such deed was placed of record on February 28, 1924. At tbe time of such conveyance, the plaintiff herein was the holder of a note for approximately $6,000, signed by W. I. Smith and W. P. Smith, the latter being, in fact, surety. W.…