Great Eastern Life Insurance Co. v. Jones

DIES, Chief Justice.

Defendant, Leaman Jones, an illiterate Negro, executed a mechanic lien and trust deed to P. G. Fults, d/b/a Hercules Aluminum Company, for certain improvements to his homestead in Dayton, Texas. His common-law wife did not join in either instrument. Later Hercules assigned the note and lien to Montrose Mortgage Investors, Inc., who then assigned the instruments to The Great Eastern Life Insurance Company, our plaintiff. The note Jones executed to Hercules for the improvements was in the principal sum of $4,600. The deed of trust provided “the holder of the note above…