G. Seeligson & Co. v. Mitcham

Stayton, Chief Justice.

James A. Mitcham, the holder, brought this action against P. C. Cotton on a note executed by the latter to secure a part of the purchase money for lots 5 and 6, block 6, in the town of Athens, and to enforce a lien on the lots which was retained in the face of the deed through which the conveyance was made.

George Seeligson & Co. held a debt against Cotton secured by trust deed executed by Cotton on July 17, 1883, and with Cotton they were made defendants.

Cotton made no defense, but Seeligson & Co. alleged that the note for the purchase money for the lots ivas paid by…