Gast v. Gast

PONDER, Justice.

Miss Mary Gast instituted suit in the trial court, On May 14, 1936, against Henry Gast on a promissory note calling for $2,000 and ’ interest. Ón June 15, 1936, prior to the ' trial of the suit, the defendant executed a ■mortgage in favor of Gus Samuels, his . brother-in-law, on the only piece of real es.tate he owned to secure a pre-existing indebtedness of $2,750 and interest. On April' 16, 1937, the plaintiff obtained judgment for $2,000 and interest.. On October 6, 1937,. the plaintiff sought by rule to have _ the mortgage- given to Samuels by the defendant, canceled and…