Moorer v. Tensaw Land & Timber Co.

FOSTER, Justice.

This is an ejectment suit, and the right of plaintiff to recover depends upon a legal question. The plaintiff and defendant claim under Everett and Boykin. The plaintiff by quitclaim deed from Taylor, Lowenstein and Company, to whom Everett and Boykin had conveyed it, and defendant by a later deed from Everett and Boykin.

Contemporaneously with the execution of the deed by Everett and Boykin to Taylor, Lowenstein and Company, there was a separate agreement in writing executed by them both, whereby it was agreed that the deed was executed as security for any indebtedness then…