Garst v. Johnson

LAWSON, Justice.

R. M. Garst and E. R. Cary, on April-28, 1925, executed a promissory note payable to John W. Johnson one year after date. On the same day, as security for the payment of the note, Garst and Cary, together with their wives, executed a mortgage to Johnson covering certain real property in Colbert County. Garst subsequently acquired Cary’s rights in the property.

The mortgage in question was foreclosed on April 24, 1933. At the fore- ■ closure sale R. H. Huston purchased the property on behalf of his wife, Mrs. Daisy V. Huston, for the sum of $1,185.73. On May 22, 1933, John W.…