Fuller v. Preston State Bank

GUITTARD, Chief Justice.

This suit concerns the validity of a vendor’s deed of trust lien arising from the sale of a homestead. Ethel D. Fuller, individually and as community administratrix of the estate of J.B. Fuller, sued Preston State Bank to cancel the lien. She alleged that the conveyance by her and her late husband to their son and his wife was a simulated transaction made for the purpose of obtaining a loan from the bank and fixing a lien on the homestead, contrary to the prohibition in article XVI, section 50 of the Texas Constitution. She also sought damages from the bank, its loan…