Farmers & Merchants Bank v. Rushing

On November 9, 1929, the appellee L. S. Bushing, the husband of the other appellee, gave a deed of trust to appellant’s assignors upon one hundred fifteen acres of land which, as appellees assert and the court found, was then, and has since continued to be, the homestead of said husband and wife. The wife did not join in this deed of trust. There was a defect in the description of the land, and on December 4, 1933, appellant filed a bill against the husband seeking a reformation of the deed of trust and for its foreclosure in chancery. On January 18, 1934, before answer was filed by the…