Avery County Bank v. Smith

The fourth exception by interveners, the appellants, is as follows: “The interveners, A. S. Abernathy & Son, in due time requested the following special instructions to the jury: 'If you shall find from the evidence that the property taken from the plaintiffs by interveners was properly covered by defendant’s mortgage to ' inter-veners, dated 7 December, 1920, and that the mortgage given plaintiffs by defendant, dated 23 December, 1920, was made subject to the .prior mortgage given interveners by the defendant, then you shall find that the interveners are the owners and entitled to possession…