First National Bank of Spring Hope v. Mitchell

In the consent judgment of 31 October, 1925, signed by J. N. Sills, C. S. C., it was expressly agreed: “That in order to make assets- to pay the indebtedness of the estate of the said S. 0. Edwards, it is necessary that the first tract be sold,” etc.

The judgment of 12 December, 1925, which says: “To pay the proceeds of sale to the plaintiff to the extent of the plaintiff’s indebtedness as alleged in the complaint, in satisfaction of the plaintiff’s alleged equitable lien upon the property sold,” is contrary to the plain language of the consent judgment.

Walker, J., in Massey v. Barbee, 138 N.…