Yost v. First National Bank

The opinion of the court was delivered by

Pollock, J. :

Byron P. Edwards was the owner of a quarter-section of land in Ellis county, encumbered by a mortgage of $650 and interest thereon, merged in a decree by foreclosure proceedings. On the 24th day of March, 1899, Edwards and wife made, executed *606and delivered to plaintiff in error their warranty deed covering the property in controversy, in consideration of which plaintiff in error paid the judgment lien and took an assignment thereof. On the same day plaintiff in error executed, acknowledged and delivered to Edwards the following bond for a…