Grayson v. Mayo

The judgment of the court was pronounced by

Kino,- J.

The plaintiff, in his capacity of tutor of James P. Bowden, is the holder of three promissory notes, secured by a special mortgage on a slave, adjudicated to McLendon, at the probate sale of the succession of the minor’s ancestor. The notes matured respectively on the 25th days of March, 1839, 1840; and 1841. At the probate sale of McLendon's property, the slave subject to this mortgage was purchased by the defendant, Mayo. The existence of the encumbrance was announced by the auctioneer, and the slave sold subject to the mortgage in favor…