Johnson v. Smith

Clark Smith and Mary E. Smith were husband and wife, and during their lifetime they owned a quarter section of land in Dallas County. On August 12, 1918, they agreed by contract to, and did, sell said real estate to John J. and Lovira Kitchell. Thereafter, on June 24, 1919, the Kitchells, vendees, assigned the real estate contract to Harry F. Copeland, who held the instrument until it was set aside by judgment, as hereinafter explained.

Before their deaths, the vendors Clark and Mary E. Smith placed a first mortgage upon the land aforesaid, to secure" the sum of $8,000, borrowed from the…