Hammock v. Oakley

KNIGHT, Justice.

Bill to declare a mortgage void, and a cloud upon the title of complainants; to enjoin the foreclosure of said mortgage, and for general relief.

In order that the conclusion here reached may be fully understood, we will briefly state the facts in the case as disclosed by the bill, the answer thereto, and agreement of the parties on submission of the cause for final decree.

The appellant W. I. Hammock, in January, 1928, borrowed of appellee $300, and to secure the loan the appellants, husband and wife, executed to appellee a mortgage on certain property, including the homestead…