Arledge v. Ellison

LIVINGSTON, Justice.

Bill by Arnold Arledge, as administrator de bonis non of the estafe of E. A. Ar-ledge, his deceased father, to foreclose a mortgage on 40 acres of land in Chilton County, Alabama.

The cause was tried in the court below on an agreed statement of facts, and resulted in a decree denying the relief sought and a dismissal of the bill. Hence this appeal. The agreed facts are as follows:

“That on November 6, 1925, W. R. Lowery and his wife, Arena Lowery, they being in possession of the lands described therein at said time, executed and delivered to Boy Ellison a warranty deed to…