Ayers v. Guess

I regret exceedingly that I am unable to agree with the majority opinion in this case.

On October 22, 1947, the respondent executed and delivered to the appellant a certain bond or obligation in the sum of $1,350.00, conditioned upon the payment to appellant on Octobber 1, 1948, the sum of $675.00, with interest and attorney’s fees as set forth in the instrument. On the same *239day, in order to secure the payment of the afore-mentioned sum, he executed a mortgage upon certain real estate described in the complaint, a 1939 Chevrolet Town Sedan, a 1939 Ford Truck, and a Ford Skidder. The respondent…