Gentry v. E. D. Whittaker

Opinion by

Judge Lindsay:

Reuben Gentry; was compelled to pay $2,200 -to redeem his land. Of this amount he paid four hundred dollars in money. The remaining $1,800 he secured by note, payable to Parish, the creditor of Whittaker. Less than a month after the consummar tion of this arrangement, on the 6th of March, 1862, he received $1,200 to be applied to the judgment of what he owed, on the faith of the mortgage executed by Whittaker and wife to Allen Gentry and Thomas Morrow.

From the deposition of Allen Gentry, taken March 26, 1870, it appears that at the time the money was loaned on the…