Cobb v. Smith

It is admitted that plaintiff in error received the money for which the mortgage was given. It is also conceded that he executed it on his homestead. But, it is urged that he was illiterate and unable to read,, and it was not explained to him before he executed it, and that he was not informed that it released the homestead. There is evidence in the record that the note and mortgage were read to him, but whether they were or not, we still must believe he was informed of the contents of the instruments. His brother-in-law, Dawson, was present and signed the name of plaintiff in error to them,…