Humphrey v. Smith

1. An owner of land executed a deed to secure a note given by him to the grantee, and received a, bond to reeonvey the property upon payment of the debt. He died before the debt was paid. An administratrix was appointed on his estate. Suit was brought on the note against the administratrix as such, and in the petition the making of the conveyance was alleged, there being a condition for advancing the maturity of the principal upon non-payment of interest. A verdict was had against the defendant for the amount of the debt, declaring that the plaintiff was entitled to a special judgment and a…