Allison v. Sparks

Opinion of the Court by

Judge Clay

Affirming.

This suit was brought by A. M. Starks against Catherine Allison and her husband, James Allison, to enforce a mortgage lien on a house and lot owned by Catherine Allison. During the progress of the action A. M. Starks died, and the case thereafter proceeded in the name of his administrator. Prom a judgment enforcing the lien the mortgagees appeal.

The facts are these: On May 23, 1911, Starks entered into a written contract with appellants by which he sold them a certain stock of goods, for which they were to pay fifty cents on the dollar of the retail…