O'Rear v. Kimbro

KNIGHT, Justice.

The appellants, their wives joining, executed and delivered to A. A. Pearce, deceased, on the 2d day of February, 1926, a mortgage on certain lands in Marion county, Ala., to secure the payment of two promissory notes, due one and two years after date, each in the sum of $2,000, and bearing interest-from date.

The mortgage contained the following statement as to its consideration: ‘'The sum secured hereby being the balance of the purchase price of lands, minerals and mining rights, described in a deed of A. A. Pearce and wife to the undersigned mortgagors, dat od Feb. 1, 1926,…