Moore v. Glasscock

On Motion For Rehearing.

Appellees contend in their motion for rehearing that the trial court was authorized to instruct a verdict because appellants failed to tender the amount of the debt due Dr. Moore. We do not agree with this contention. It iis undisputed that the land involved was a part of the homestead of appellants and was such at the time of the execution of the deed to Dr. Moore. If the instrument was intended as a mortgage on appellants’ homestead, it was void. This being true, it was not incumbent upon the appellant's to tender the amount of the debt as a prerequisite to their…