Barton v. Wood

RICE, Chief Justice.

This is a suit for debt and foreclosure of a vendor’s and deed of trust lien securing the same on a tract of 72 acres of land situate in Ellis county, Texas, brought by P. E. Wood against Walter Barton and wife. Defendants admitted the indebtedness, conceded the legal existence of said liens as security therefor on 39.9 acres of the land involved, and sought to defeat foreclosure of such liens on the remaining 32.1 acres of said tract because, they say, said last mentioned tract constituted their homestead at the time of the creation of the indebtedness and the liens given…