Kinsey v. Drury

The decree to be reviewed on this appeal denied the claim of the appellants, .as judgment creditors, to an interest in the proceeds of the. sale'of' certain real estate in Howard County. The sale was made under the terms of a deed of trust of the Brightwood Sanitorium Company, Incorporated, securing its promissory notes to the amount of $22,500. It is contended by the appellants that the deed of trust was in effect a mortgage, and that haring been recorded without an authorizing order of the court, after the expiration of the statutory period of six months from the time of its execution…