Spencer v. Schell

Eloise Spencer gave to Wallace Schell, the husband of defendant in error, certain notes, executed also by Edwin Spencer, her son, and, for their security, a deed of trust lien upon certain real estate. Schell died intestate and without children. The notes being community property, Bessie Schell brought the suit, as his heir and as community survivor,— not, however, as a qualified community administratrix—to recover upon them and for foreclosure of the lien. It was pleaded in defense, among other things; (1) that the notes had been paid to Schell; and (2) that the lien was void because at the…