Crane v. Daniel

The opinion of the court was delivered by

Hopkins, J.:

The action was one to foreclose a mortgage. The plaintiff prevailed, and the defendant appeals.

*4The facts were substantially as follows: On August 23, 1915, P'ettyjohn & Company conveyed the land in controversy to Elmer D. and Harry L. Higginbottom. The only consideration for the conveyance was the execution of a mortgage back to the Petty-johns on the property for $3,500. The Higginbottoms jointly resided on the land for about a year, at the end of which time Harry went to the office of the Pettyjohns and stated to Mr. Thomas, in charge of…