Conley v. Waddle

Opinion of the Court by

Judge Dietzman

Reversing.

In 1925, Gr. W. Miller was the owner of a tract of .land in Floyd county. In order to induce the appellee, Waddle, to become his surety on a replevin bond executed on September 28, 1925, to replevy a balance due on a fine assessed against him in a criminal prosecution, Miller and his wife executed and delivered to Waddle a mortgage of indemnity on this tract of land Miller owned. There is a serious dispute as to whether this mortgage was ever lodged for record or not until after the conveyancé of the property to the Conleys as hereinafter set…