Hart v. Allgood

LAWSON, Justice.

J. R. Allgood and wife conveyed the suit property by warranty deed to Homer Hart on April 25, 1930. On the same day Homer Hart and wife, Mary Hart, executed a purchase money mortgage on the suit property to J. R. Allgood. J. R. Allgood died intestate on January 3, 1934, survived by one son, Ralph, and a daughter, Vivien, the wife of Jos. T. Banks. Ralph Allgood was made administrator of his father’s estate shortly after the latter’s death.

On March 20, 1940, the purchase money mortgage executed by Homer Hart and wife was foreclosed. Ralph Allgood, as administrator of the estate…