Pellat v. Decker

Stayton, Chief Justice.

The property in controversy, consisting of lots 5 and 6 in block 15, in Bio Grande City, was continually occupied by Victor Pellat and the plaintiff in error, his wife, as their homestead from sometime in the year 1872 until the institution of this suit on June 7, 1883.

Prior to January 6, 1880, Victor Pellat was indebted to John Decker, .and on that day he and his wife executed a mortgage to Decker on the homestead lots to secure the debt, which then amounted to $3000.

Decker became uneasy about his security, and negotiations were had between the parties which resulted…