Leonard v. Smith

MONTEITH, Chief Justice.

This action was brought by appellants, Joe and Laura Leonard, to have a deed, absolute on its face and purporting to be a conveyance of a tract of 37.8 acres of land in Waller County, Texas, to appellee, Joe T. Smith, declared to be a mortgage, and to have the mortgage declared to be null and void as having been given on appellants’ homestead.

Appellee answered by general demurrer and by general and special denials. By special plea he alleged that appellants had executed and delivered said deed in consideration of the settlement and discharge of a pre-existing…