Harwell v. Harbison

STEPHENS, Associate Justice.

This appeal is from a judgment foreclosing a mortgage, or deed of trust, on four sections of school land in Moore County, purchased originally by S. B. Harwell, who transferred the same to C. G. Miller before he had completed the three years occupancy. Miller was substituted in the land office as purchaser and completed and made proof of the three years’ occupancy. The deed of trust was made by Harwell while the land stood in his name, and Miller purchased from him in ignorance of it, although it had been duly recorded. The note which it was given to secure was…