Calhoun v. Lumpkin

Opinion by

Willie, C. J.

This suit was brought by Julia A. Calhoun for the purpose of cancelling a deed made by herself and husband to Wilson Lumpkin,she alleging that it was a mortgage upon her homestead, executed since the adoption of the constitution of 1870 and therefore void. Watts was made a party defendant because, as plaintiff alleged, he had subsequently to the execution of the deed purchased the premises of Lumpkin with full knowledge of plaintiff’s rights, and of the character of the instrument under which Lumpkin held the peoperty. Defendant Watts pleaded not guilty, suggested…