Gibraltar Savings & Bldg. Ass'n v. Harper

Suit was by appellant upon a promissory note for $10,500, executed by appellees, dated July 23, 1926, and to foreclose a mortgage lien given by the Harpers on certain property situated in the city of Austin to secure its payment. Judgment was by default as to W. A. Harper. T. W. Gregory, appointed by the court as guardian ad litem for Perle Harper, who had become insane since the execution of said note and mortgage, interposed the' defense that said property was at the time of the execution of said instruments the homestead of the Harpers; and that said mortgage, except as to the portion of…