Benjamin v. Loughborough's Adm'r

Harrison, J.:

On the 13th day of September, 1872, the appellant, Mason W. Benjamin, executed a deed of trust of certain lots in Little Rock to James M. Loughborough to secure the payment of a promissory nóte of $3,000, executed by him, at the same lime, to James H. Morley, payable on the 13th day of September, 1873.

The'deed empowered said Loughborough, in case the note was not paid at maturity, after giving notice in the manner therein prescribed, to sell the lots at jmblic auction, for cash, for the payment thereof.

The note not being paid, Jioughborough, on the 19th day of June, 1874,…