Smith v. McMillan

Brannon, Judge:

John Smith borrowed money of Samuel McMillan, and also of S. B. McMillan, and on May 18, 1875, gave a deed of trust to secure the notes therefor, which bore interest at ten per cent.; and on November 18, 1878, he gave new notes to each of them, and a deed of trust to secure them, upon *578the same two tracts of land, tbe notes calling for ten per cent, interest, as before. On. June 4, 1879, John Smith conveyed one of the tracts to his son, Frank Smith, for part cash, and the deed provided that Frank should pay one thousand dollars of the purchase money on the McMillan deed of…