Stafford, Blalock & Co. v. Elliott

Jackson, Judge.

This case involved the question of the effect of a general waiver of the right of homestead made in a promissory note. The question was submitted to the judge without a jury, on the following agreed facts: Stafford, Blalock & Co., held a note against Z. IT. Elliott, dated and due in 1873. Stafford, Blalock & Co., sued the note to judgment, execution was issued thereon and levied upon one hundred and fifty acres of land; the note was an ordinary promissory note, except that it contained a waiver of the right of homestead, what is commonly called a general waiver; at the time…