The opinion of the court was delivered by
This was an action brought by A. K. Sellers and Nettie Sellers, his wife, to vacate and set aside a judgment obtained by Rebecca Crossan against D. O. Sellers and Clara N. Sellers, foreclosing a mortgage against real estate in Paola. The grounds for vacation, of the judgment were that D. O. Sellers and Clara N. Sellers, who executed the mortgage which was foreclosed, were not the actual owners of the property mortgaged, but the plaintiffs were the owners, and had occupied it since a long time before the mortgage was made as their homestead, and were so occupying it at the time the judgment was rendered. It was alleged that Rebecca Crossan, the judgment creditor^ was acquainted
The plaintiffs insist that the deed from them to Clara N. Sellers, having been made to secure a debt, is only a mortgage which did not transfer title; that the premises were their homestead, and that, as the mortgage to Crossan was not signed by them, it was absolutely void. It is true, as contended, that a mortgage lien cannot be created upon a home
“Know all men by these presents, that we, the undersigned, claim no right, title, or interest, either legal or equitable, in or to the south half of lots 9 and 10, and the south half of
“Witness our hands, this 21st day of January, 1888.
Nettie Sellers,
A. K. Sellers.”
We think the court below reached a just and correct conclusion,, and therefore its judgment will be affirmed.