Denney v. State

The plaintiff in error was convicted, in the superior court of Babun county, of the wrongful sale of mortgaged property in violation of the Penal Code, §671. There was no» conflict in the evidence on the trial, and the following facts were shown: The prosecutor indorsed a note for the plaintiff in error for $150, to enable him to borrow this sum from one Hilliard York. To indemnify the prosecutor as surety on the note, the plaintiff in error executed a mortgage to him on two mules. The prosecutor testified: “I took the mortgage to indemnify me and save me harmless from loss in the event I had…