Russell v. . Roberts

Furches, J.:

In 1860 Abraham Pruett being largely indebted, in June of that year executed a deed of trust to T. S. Martin, conveying the lands in controversy and also his personal property to secure the payment of the several debts therein named, amounting to about $5,000. Among the debts so secured was one of $2,000 to John L. Cain for a part of the land conveyed in the deed of trust and for which he had no deed. The trustor Pruett continued to reside on the land so conveyed in trust until the time of his death in 1865; and his family together with the plaintiff’s continued to reside thereon…