Cain v. Dixie Trading Company

(After stating the foregoing facts.) Special ground 1 of the motion complains that the court erred in admitting in evidence the bill of sale sought to be foreclosed, over the objections of the defendants: (1) that there was no proof of the execution of the instrument offered, a plea of material alteration by the plaintiff after signing having been filed; and (2) the instru ment shows on its face that it is subject to a prior lien on the property described therein, and there is no proof that the senior lien had been paid.

The defendants, in their affidavit of illegality, admitted the execution…