State Savings Bank v. Brown

James G. Sarvey died intestate, April 1, T923, leaving no surviving widow, and leaving his two sons, Fred B. Sarvey and Charles A. Sarvey, as his only heirs at law. Fred Brown, the administrator of the estate, is the brother-in-law of the decedent, and the uncle of the two Sarvey boys.

On March 1, 1918, James G. Sarvey sold 160 acres of land in Harrison County, and as a part of the consideration, he took from the purchaser two $10,000 notes, each of which was secured by a mortgage on 80 acres of said real estate.. These two notes form the basis of the controversy herein.

In 1919, James G.…