Smith v. Phillips

MISER, C.

From 1908 until his death in 1929, Eugene Phillips was the record owner of a tract of land of which the quarter section in controversy was a part. From 1914 until 1925, Edwin Phillips, the son of Eugene, lived upon and farmed this tract, the buildings being upon the quarter section in controversy. In July, 1919, Edwin borrowed $4,000 from the State Bank of Melham to buy a tractor, giving a chattel mortgage as security. Later in the same summer, he borrowed another $1,400 from the Melham bank to bu3r a new separator. Later in 1919 the notes representing this $5,400 indebtedness were…