Rhinehart v. Stacy

Opinion of the Court by

Commissioner Sandidge

Reversing.

Appellee, Louis Smith, became the purchaser of the tract of land sold herein under a mortgage lien. Appellants, A. A. and Barbara Rhinehart, were the mortgagors, and they and appellant, A. H. Rhinehart, were the makers of the note. They excepted to the report of sale, but the chancellor overruled their exceptions and confirmed it. Hence the appeal.

Appellants, A. A. and Barbara Rhinehart, the mortgagors, answered separately and pleaded that they were merely sureties in the note sued on; that more than seven years had elapsed after the note…