Carr v. Tate

Simmons, O. J.

Mrs. Bowman died testate, making Tate her executor. Carr was indebted to the testatrix, and after her death gave to the administrator a note to cover this indebtedness, and a mortgage on his stock of goods to secure the note. This note was made July 6, 1897, and was due one day after date. In the early part of the following October, the mortgage was foreclosed and a levy made upon the stock of goods. The levy was stopped by an affidavit of illegality filed by Carr. It seems from the record that Mrs. Bowman, the testatrix, before she died, had owed Carr an amount greater than…