Perry v. Robinson

Crawford, Justice.

John W. Cowdry, as an heir at law of W. D. Cowdry, was the owner of one-sixth undivided interest in eight hundred and fifty acres of land, which he mortgaged to B. H. Robinson to secure the payment of a promissory note. After the making of the note and mortgage, a division took place between the heirs of the said W. D. Cowdry, and one hundred and thirty-one acres of the land were drawn by the said J. W. Cowdry, set apart to him, and he went into possession thereof.

The promissory note remaining unpaid, Robinson proceeded to foreclose his mortgage on the particular land drawn…