Varn v. Bloodworth

(After stating the foregoing facts.)

We do not think that the instruction complained of in the first ground of the plaintiff’s amendment to his motion for new trial is subject to the criticisms therein made. The language, that “The plaintiff does contend further that he took his mortgage upon the stock of goods, in the presence of Mrs. I. A. Blood-worth,” could not have led the jury into believing that the plaintiff’s contention was that the wife was actually present when his mortgage fropi her husband was executed and delivered. The language, “he took his mortgage upon the stock of goods, in…