Higgins v. Millsap

BLAIR, Justice.

Appellees, J. R. Millsap and his wife, Ima Millsap, sued appellants, the executors of the estate of H. A. McCrea, deceased, and J. Tom Higgins, substitute trustee of a deed of trust executed by the Millsaps to secure their $3,000 note, payable to Mc-Crea, to cancel the deed of trust lien in so far as it purported to cover certain 198½ acres of the 434.5 acres of land described in the deed of trust, alleging that the specifically described 198%-acre tract was the homestead of appellees at the time of the execution and delivery of the note and deed of trust, and which fact was…