Shaddix v. Bilbro

Appellant entered into a contract with appellees of a nature termed ordinarily a lease sale contract relating to a dwelling house. Before executing this contract, appellees at a time when they were occupying it as a dwelling rented it to appellant who moved into it, and appellees moved out, and some months later, while so occupied by appellant under his rent contract, the lease sale contract, the foundation of this suit, was executed.

Appellees claim that it is void because it was a contract to convey the homestead, and prohibited by law. Section 78S3, Code.

If the homestead had been abandoned…