Benton v. Lemmerick

Opinion by

Judge Elliott :

On the 28th day of October, 1874, appellants, Benton and wife, executed their promissory note to the appellee for the sum of $1,500, due one year after date, with interest from date, this sum being loaned to them at that time; and to secure its payment they executed a mortgage to the appellee of a tract of land described in the mortgage copied in this record. This deed conveys, by way of mortgage, all the interest of the appellants in the land embraced by the conveyance, and the only question is as to whether the homestead passed by the deed to the vendee. In Wing v.…