Potter v. Potter's Ex'r

Opinion of the Court by

Judge Cammack

Reversing.

On December 16, 1926, John M. Potter, who died in 1936, executed an $800 note and a mortgage to secure the payment of same to D. D. Potter, the appellant herein, and wife of Isaac Potter, brother of John. The mortgage covered approximately j.00 acres of land situated in Lawrence County which had been conveyed to John by his father in 1921. The note and mortgage were prepared and signed in the office of the county clerk of; Greenup County, and a deputy clerk of that county took John’s acknowledgment to the mortgage on December 17th. By -his last…