Fisher v. Jones Co.

Simmons, Justice.

1. A mortgage given by Fisher to the Jones Company on certain personalty was foreclosed and the mortgage fi. fa. levied, and Fisher filed an affidavit of illegality in which he alleged that he was not indebted in *718any amount on the mortgage, it haying been long since paid in full and cancelled; that in 1891 or 1892, Wishart, Mayfield & Mobley bought of the defendant the property covered by the mortgage, the consideration of the sale being that the purchasers were to give their notes to the Jones Company and take, up the defendant’s notes to secure which the mortgage had been…