Montgomery v. First State Bank of Happy

■ HALL, C. J.

The appellant, Montgomery, filed this suit to enjoin f:he appellee bank from foreclosing a deed of trust on two certain town lots in Happy, claiming said property as his business homestead and denying that there existed any deed of trust under which the bank was claiming the right to foreclose. A temporary injunction was granted.

The bank filed its original answer and cross-action, claiming that the property was not the business homestead of appellant, and alleged that on October 8, 1921, Montgomery had executed a note to P. C. Taylor for $5,-000, which was secured by deed of…