Fitts v. Terminal Warehouse Corp.

Mb.. Justice Chambliss

delivered the opinion of the Court.

In July, 1928, Elizabeth Mayo et al. deeded to “J. 0. Swing-ley, trustee,” certain lands, liens being retained to secure payment of deferred purchase-money notes; and in September following Swing-ley, as trustee and individually, joined by E. T. Noel and wife and W. J. Fitts and wife, conveyed these lands to the Terminal Warehousing Corporation, this grantee expressly assuming payment of the purchase notes given by Swing-ley, and the deed contained this recital:

“The tracts of land hereinafter described were conveyed to J. 0. Swingley,…