Miller v. Wheeler

Opinion op the Court by

Jduge Miller —

Reversing.

John J. Clark owned a tract of 45 acres of land in Campbell County, and W. A. Clark owned an adjoining tract of 32 acres. On September 6, 1886, they jointly executed and delivered to Samuel Shaw a mortgage upon said two tracts of land to secure the payment of their joint and several promissory note for $1,240. Subsequently, on August 24, 1888, W. A. Clark gave a second mortgage upon his 32 acre tract to the appellee, Jasper Wheeler, to secure the payment of W. A. Clark’s note for $1,600 payable in two years thereafter. On July 23, 1907, the Shaw…