Peeks v. Nelson

This is an action in the nature of a creditor’s bill, wherein Martha Peeks prays to have a real estate mortgage, given by P. C. Nelson and Bertha Nelson to their son Alfred, canceled and declared void. Defendants’ answer alleged that the mortgage was given for a valuable consideration to secure a bona fide indebtedness owing by P. C. Nelson to his son, the son not being informed of the plaintiff’s claim at the time of receiving the mortgage deed and note, and, in addition, alleged that the real estate involved constituted a homestead. The trial judge dismissed the plaintiff’s petition; found…