Fidelity Fire Insurance v. Harby

The opinion of the Court was delivered by

Mr. Justice Blease.

This action, tried in the Court of Common Pleas for Sumter County, was brought to recover the amount due on a bond and to foreclose a real estate mortgage executed as security therefor. Material facts giving rise to the questions presented are, briefly, as follows :

The defendant Horace Harby, owner of a tract of land in Sumter County, containing 51.3 acres, on the 5th day of November, 1919, executed to A. D. Harby, Isaac Schwartz, C. D. Schwartz, and A. K. Ingram, individually, and as executrix of the will of W. H. Ingram, deceased,…