Costello v. Hillcrest State Bank of University Park

DIXON, Chief Justice.

Ellouise Costello and her husband, Jim Costello, have appealed from an order denying their application for a temporary injunction to restrain Hillcrest State Bank from attempting to foreclose a deed of trust lien against property which they allege is their homestead.

The material facts are undisputed. Title to the property was acquired by warranty deed dated December 3, 1962. The grantee named in the deed is “Jim Costello, Trustee.” The instrument was filed for record on January 4, 1963.

In his deposition Jim Costello says that there was not at any time any trust in…