Ashdown Hardware Co. v. Hughes

This suit is a mortgage foreclosure, involving certain alleged liens for materials, claimed by appellants.

J. C. Stewart and wife (not parties here) were the owners of a tract of land of approximately six acres on which was their residence, subject to an outstanding mortgage of $4,500. On February 2, 1952, in order to secure money to pay off the mortgage indebtedness and build four tourist cabins on this tract, they executed a mortgage to appellee, Hughes, for $10,000, covering this property. This mortgage was recorded February 7,1952, and contained these pertinent recitals:

“The sale is oil…