Moore v. Atlanta Joint Stock Land Bank

1. Under the facts alleged by Mr. and Mrs. Moore, the plaintiffs in the main petition, it is immaterial whether the instrument held by the bank as security for the loan made to Roberts was a deed or a mortgage, but for convenience it will be referred to as a mortgage.

2. The plaintiffs alleged that the mortgage to the bank was executed on November 15, 1923, and that the security deed to the plaintiffs was executed on November 30, 1923, and that both of these instruments-were recorded on the same day. Under the rule that allegations when considered on demurrer are to be construed most strongly…