Citizens' State Bank of Lindale v. Jeffries

It is believed that the trial court correctly decided the case; and the judgment will be affirmed, in view of the established facts. The conveyance of the lots in suit to D. B. Hambrick was, as found by the jury, merely in order "to fix a lien to secure a debt"; that is, to secure a loan from appellant bank. It is clear that the appellees at the time had a right of homestead and exemption as such in the property. They were actually residing thereon, using and occupying it as homestead. A mortgage upon a homestead "to secure a debt" of the kind in evidence is absolutely void. Article 16, § 50,…