Bean v. Eves

SUIT to enjoin foreclosure of a trust deed, and to establish priority of a homestead exemption claim. A cross-suit by defendant Eves for possession of the property is involved. On trial plaintiff's suit was dismissed and the relief sought by defendant was granted. Plaintiff prosecutes error.

It appears that in January, 1927, plaintiff's husband purchased the property, and simultaneously with receipt of conveyance he executed and delivered a note to the grantor in evidence of part of the purchase price, and a trust deed on same property to secure it; that the deed was dated January 6 and the…