Reversed and remanded. See, also, 119 S.W. 728. Geo. G. Shaw and Gossett, Terry Brown, for appellant.

French v. Coleman, Tex. Civ. App. 13 S.W.2d 469. Persons dealing with homestead rights must take notice of matters that will thus impress the lands with such rights. Watkins Land Mortgage Co. v. Temple, 56 Tex. Civ. App. 65, 119 S.W. 728. A purchaser of a note secured by lien on a homestead is charged with the duty to know that the lien is not on a homestead, if the indebtedness be for anything other than those things authorized by law. Sanger Bros. v. Brooks, 101 Tex. 115, 105 S.W. 37.

We think it clear that all of that testimony was admissible, and that the same, together with the other facts and circumstances recited above, constituted proof sufficient to sustain the trial judge's finding that the Eli Belcher tract of 156 acres, covered by the mortgage, was no part of the homestead of Moore at time the mortgage was given. And that this conclusion is not in conflict with the decision of our Supreme Court in the case of Texas Land Loan Co. v. Blalock, supra, we think, is clearly sustained by numerous decisions in this state, such as Parrish v. Hawes, 95 Tex. 185, 66 S.W. 209; Calvin v. Neel, 191 S.W. 791; Watkins Land Co. v. Temple, 56 Tex. Civ. App. 65, 119 S.W. 728; Johnson v. Conger, 66 S.W. 405. And in this connection, we think it proper to note further that Moore's wife was not a party to the suit, and no issue was presented either by pleading or by proof that in making the designation of homestead, shown in the deed of trust, he thereby intended to defraud his wife of her homestead rights.

His views upon this question are stated in Thorne v. Dashiell, supra. But if the giving of the instruction could properly be considered upon its merits, the entire court is of the opinion that such action was proper, since the admitted facts show that appellant was precluded from asserting any homestead rights in the lands upon which foreclosure was sought under the rules announced in Haswell v. Forbes, 8 Tex. Civ. App. 82, 27 S.W. 566; Mortgage Co. v. Norton, 71 Tex. 683, 10 S.W. 301; Leslie v. Elliott, 26 Tex. Civ. App. 578, 64 S.W. 1037; Mortgage Co. v. Scripture, 40 S.W. 210; Carden v. Short, 31 S.W. 246; Harmsen v. Wesche, 32 S.W. 192; White v. Dabney, 46 S.W. 653; Watkins Land Co. v. Temple, 56 Tex. Civ. App. 65, 119 S.W. 728; Moerlein v. Mortgage Co., 9 Tex. Civ. App. 415, 29 S.W. 162, 948. Affirmed.