Miller v. . Shore

Tbe material facts are as follows: On 25 January, 1929, tbe plaintiff’s testator and bis wife borrowed $5,000 from tbe defendant Strickland and executed a deed of trust conveying 123 acres of farm land to tbe defendant Ingle to secure tbe payment of tbe loan one year after date. Tbe deed of trust was duly recorded. Tbe testator died on 17 May, 1933, leaving a will devising tbe farm lands to bis children, among whom is L. M. Miller, tbe plaintiff and executor of the will. Payments aggregating $450 are all tbe defendant Strickland has received since tbe date of tbe loan. Tbe last payment made…