Allgood v. Allgood

January 28, 1926. The opinion of the Court was delivered by This is an appeal from a decree of Hon. S.T. Lanham, Special Judge. His decree recites the facts of the case, and will be reported.

The exceptions, 21 in number, challenge the correctness of his decree. One group of exceptions maintain that, when a mortgage is executed in favor of one then deceased, and that fact is known to the mortgagor and to all others interested therein, such mortgage is void and incapable of enforcement; and that, when a mortgage is given voluntarily, and without the consideration therein expressed, and without…