Neely v. Love

(dissenting) : I do not agree with the conclusion announced in the opinion of Mr. Justice Carter, and respectfully submit herewith the grounds of my dissent.

This is an action to foreclose a mortgage given by one E. P. Love to J. S. Brice, attorney, to secure a note for $2,000.00, in which the plaintiff claims an interest to the' extent of $1,200 by virtue of a written assignment by Brice to her. The defendants, purchasers of the mortgaged premises, claim that the amount due upon the mortgage has been paid in full to J. S. Brice, attorney, including the plaintiff’s $1,200 interest; that in…