Bexar Building & Loan Ass'n v. Heady

The cause was tried as between the association and Mrs. Heady (no relief against the husband personally, who had been cited by publication, being sought), and the issues upon which we are asked to revise the judgment are: first, the right of the association to a foreclosure of a lien on the homestead; second, the right of the association (in case the lien did not exist) to a judgment against Mrs. Heady upon the ground that the dwelling built at her instance was a necessary for her under the circumstances of the case, such judgment to be satisfied out of her separate property or the community…