Dunn v. Chapman

The opinion of the Court was delivered by

Mr. Justice Cothran.

We think that the decree of his Honor Judge Bonham, overruling' the demurrer of the defendants to: the plaintiff’s complaint, should be affirmed for the reasons which follow.

The facts alleged in the complaint and admitted by the demurrer are these:

On January 5, 1921, the plaintiff bought from one Gil-strap a tract of land containing 55.8 acres. He paid a part of the purchase price, and gave his note for $3,240.67, secured by a mortgage of the tract for the remainder. At the maturity of the note, Dunn borrowed from the Federal Land…