Henegan v. Drake

The opinion of the Court was delivered by

Mr. Justice Cothran.

This is .an action instituted August 3, 1923, by certain heirs at law of one Sallie Henegan, deceased, to foreclose a mortgage executed by Jesse P. Henegan, now deceased, to his mother, Elizabeth E. Henegan, dated April 5, 1912, due one year after date, for $4,000.

The plaintiffs claim that while the mortgage was executed to Elizabeth E. Henegan, it was intended for the benefit of Sallie Henegan, and that at her death her interest in it (the whole) devolved, upon them and Jesse P. Henegan as her heirs at law. Sundry lien creditors,…