Driver v. Barnes

The appellant, E. C. Driver, purchased the lands described in the bill from the complainant, agreeing to pay $3,000 cash therefor upon the delivery of the deed. The deed was executed by the complainant and her husband, and, according to the testimony of the complainant, was left with Miss Kate Johnson, the bookkeeper of the First National Bank of Florala, who prepared the deed and took the acknowledgments, to be delivered when Driver paid into the bank the purchase money.

The testimony of Miss Johnson goes to show that the deed was not left in her keeping, but was left on her desk where it was…