American Building & Savings Ass'n v. Daugherty

GARRETT, Chief Justice.

J. K. Daugherty brought suit against the American Mutual Building and Savings Association and W. J. Alder to cancel certain liens against his homestead which were created hy himself and wife in order to borrow $600 from the association with which to build the dwelling house thereon. The petition set out the note •executed for the money .and a deed of trust executed by the plaintiff and his wife upon the property to W. J. Alder, as trustee, to secure the note and a contract for a mechanic’s lien for said sum which had been executed by the plaintiff and his wife with one…