Hughes v. . Hodges

DEFENDANT'S APPEAL.

Avery, J.

The defendant contends that the Court below erred in refusing to declare the mortgage deed void, and in ordering the sale of the reversionary interest in the land. From the discussion of the plaintiff's appeal it will appear that the presumption of law is in favor of the validity of this and every other deed executed in due form. If the defendant seeks to have it declared void, because it was made in disregard of the requirements of section 8, Article X, of the Constitution, the burden is upon him to show that the homestead right attached to the land, and vitiated…