Burem v. Winstead

The complainant filed the present bill to foreclose a deed, absolute on its face, as *286a mortgage in the event it was held to be such. The defendants to the bill are now, and were at the execution of the deed, man and wife, and they resist a foreclosure so far as the homestead right is concerned, first, on the ground of fraudulent imposition upon the wife as to the character of the instrument; and, second, because, as she alleges, her privy examination was not taken as the statute requires.

The facts are that in 1896 the husband, R. Gr. Winstead, being the owner in fee of the tract of land in…