Swygert v. Keel

(dissenting) : The main action is for the foreclosure of a mortgage given by Bradford Keel, S. A. Keel, and W. H. Keel, to the Bank of Western Carolina, to secure the payment of their note for $15,000, dated January 21, 1920. The mortgage covered a tract of 400 acres which had belonged to C. A. Keel, the grandfather of Bradford Keel and the father of the other. two mortgagors; it was recorded February 21, 1920, and later was assigned to the plaintiff Mary A. Swygert. The mortgaged premises had been purchased by the three mortgagors at a private sale by the executor of C. A. 'Keel for…