Love v. . Smathers

This is an action to recover land, and the facts material to the points on which the case is decided in this court are as follows : William Johnston contracted to sell the land in controversy to one John Moody, and took the vendee’s bonds for the purchase money and gave to him ■his own bond for title. Afterwards, John Moody, having paid apart only of .the purchase money, procured the vendor to take his bond for the balance due, with his son, H. M. Moody and J. R. Love, as sureties and surrendered his original bonds. This .being done, Johnston, on the written request of John Moody., executed…