Helton v. Taylor

On May 10, 1937, Levi Taylor made an affidavit as provided in the Code, § 67-701, to foreclose a chattel mortgage executed to him by W. A. Helton. The mortgaged property consisted of a certain sawmill outfit and fixtures. Helton filed an affidavit of illegality, setting up that the debt was not due, in that after the execution of the mortgage he and the plaintiff entered into an oral contract whereby it was agreed that in consideration of the defendant moving his sawmill to the land of plaintiff’s son, and sawing certain timber thereon, plaintiff would extend the due date of said note until…