First Coleman Nat. Bank of Coleman v. Childs

LESLIE, Chief Justice.

The First Coleman National Bank, appellant, filed this suit against H. D. Childs to recover on a promissory note and to_ foreclose the lien of a deed of trust executed October 30, 1930, by said Childs covering four different tracts of land, aggregating 570 acres. The defendant answered setting up a homestead claim in tract No. 1, embracing 200 acres. His wife, joined pro forma by her husband, intervened and independently asserted the homestead right, and alleged that she never signed the note or deed of trust and never knew of their execution until this suit for…