Hays v. Hays

Willie, Chief Justice.

Mrs. M. J. Hays, for herself and as next Mend of her three minor children, sought in this suit to have a conveyance of their homestead, executed by herself and her late husband, S. L. Hays, declared a mortgage, and to recover the property conveyed. The conveyance was alleged to have been made to J. W. Hays, who had since died, leaving J. L. Hays, the appellant, his devisee of the property in controversy. Allegations were made that the property was the homstead of S. L. Hays and M. J. Hays, at the date of the instrument; that the latter was intended, by the parties…