Bagwell v. Hunt

HICKMAN, Chief Justice.

Appellee instituted this suit upon a promissory note executed by appellant,, and for the foreclosure of a deed of trust lien covering sixty-five acres of land given for the purpose of securing said note. The only defense made by appellant to the cause of action asserted by appellee was that the deed of trust lien was void', because the property covered thereby was a homestead. No fact issue was raised by the evidence and, by agreement of parties, the jury was discharged and the cause decided by the trial judge. Appellant has presented some question with regard to the…