Metropolitan Life Ins. Co. v. Estes

THOMAS, Justice.

The suit was statutory (Code 1923, § 7452 et seq.) ejectment.

Count 2, upon which the trial was had, was stated in Code form.

Defendants’ pleas were the general issue, and special pleas alleging that the property sought to he mortgaged was and is the homestead of defendants; that the plaintiff claims title to said property under a foreclosure deed which is founded on a mortgage purporting to be signed and acknowledged by the defendants ; that said mortgage was not signed and acknowledged by defendants as required by the statute (Code 1923, § 6838 et seq.).

The principal question…