Smith v. National Bond & Mortgage Corp.

GRAVES, Justice.

This is the second appeal to this court in this cause; formerly it was here under the style of National Debenture Corporation et al. v. Smith et ux., 132 S.W.2d 429. It grew out of three notes of which No. 1 for $2,250 was the principal one given by Smith and wife to the National Bond and Mortgage Corporation on August 28, 1928, all of which were secured by a deed of trust in its favor upon Lots 1 and 2 in Block 20, of the Swiney Addition to the City of Houston, which property the Smiths claimed' as their homestead; Smith and wife in that cause sued the Michigan Realty Company…