Mitchell v. Sherrell

Complainant .John E. Mitchell, a negro, owned a tract of 65 acres of land which was encumbered by a mortgage to secure a debt of nearly $800 which he owed to B. C. Wallace. He also owed a debt of about $125 to D. C. Sherrell Company, a mercantile partnership, of which IT. E. Sherrell was a member. Wallace’s note being overdue, he caused the land to be advertised for sale under foreclosure. Mitchell persuaded H. E. Sherrell to pay the Wallace note upon his taking a new mortgage to secure the loan and also the note held by D. C. Sherrell Company. Sherrell was moved by a desire to secure the…