Andrews v. Bonham

WILLIAMS, Associate Justice.

Appellee sued in trespass to try title to recover of J. H. Andrews the land in dispute. Mrs. Andrews intervened and was permitted to defend, alleging in her plea that plaintiff’s title was derived from a deed to him from her husband and herself, absolute on its face but in fact intended, as evidenced by another instrument executed contemporaneously with and as a part of it, as a mortgage to secure a debt due from her husband to plaintiff; that the land, at the time such instruments were executed, was the homestead of herself and husband, and that such deed was…