Ryan v. American Freehold Land Mortgage Co.

Lumpkin, Justice.

In 1884 E. F. Way borrowed a sum of money from *323J. K. O. Sherwood, for which he executed notes payable in New York and bearing interest at the rate of 8 per cent, per annum; and in order to secure the loan, conveyed certain land to Sherwood under the provisions of §1969 et seq. of the code. Sherwood afterwards conveyed the land and indorsed the notes to the mortgage company. In 1892 it obtained a judgment against the administrator of Way, and caused an execution issued thereunder to be levied upon the land. In 1886 Way conveyed the land to another, under whom Mrs. Ryan, the…