Morgan v. Brown

J. E. Brown, trustee in a deed of trust executed by S. D. Morgan to secure an indebtedness to Jim White, sued out a writ of replevin to secure possession of certain livestock and farm implements named in the deed of trust. The defendant, Morgan, gave bond for the forth-coming of the property as described in the deed of trust. On the hearing Morgan contended that when he signed the note and deed of trust he thought he was signing a simple promissory note; that Rex Patterson, who took the acknowledgment to the deed of trust in his capacity as notary public, represented it to be a note; that he…