Elliott v. Cravens

Smith, J..

The facts out of which this litigation arose are recited in the decree from which this appeal comes, and are as follows:

On December 23,1924, Jeff P. Nix and wife borrowed $1,350 from the Lyman Eeal Estate Company, and as security therefor executed a mortgage on two lots in the city of Fort Smith. On March 6,1926, the real estate company assigned this mortgage and the debt which it secured, without recourse, for value, to E. L. Elliott. On February 19, 1925, Nix and wife conveyed these lots to Ben Cravens, it being recited in the deed to him that he assumed and agreed to pay the…