Midland Savings & Loan Co. v. Brooks

Hart, C. J.,

(after stating the facts). As will be seen from our statement of facts, on the 5th day of Miay, 1926, Dan Dewberry entered into a written contract with Paul R. Brooks for the sale of the lot in controversy. After making a small cash payment, Brooks executed a note to Dewberry for the balance of the purchase money, and was placed in possession of the property. He has actually resided on the property since the date of his purchase, and was residing there at the time a mortgage was. executed by B. V. Long and wife to the Midland Savings & Loan Company, on the 18th day of May, 1926.…