Montgomery v. Parker Bank & Trust Co.

SIMPSON, Justice.

The complainants have appealed from a. decree sustaining demurrer to a bill in equity seeking to have a -real estate mortgage held by the defendant cancelled and set aside as comprising their 'homestead.

The bill alleges that appellant J. A. Montgomery became indebted to appellee, thy. bank, in the amount of $1,716 and that he and his wife, also appellant, did on the 16th day of May, 1949, execute a mortgage embracing the homestead to secure the aforesaid indebtedness, and that other lands were-included in the mortgage which the mortgagors did not own. The bill in several…