Prentiss Mercantile Co. v. Thurman

Smith, O'. J.,

delivered the opinion of the court.

The appellant by an original bill alleges that the appellees executed to it a deed of trust to secure a debt due it by them. The deed of trust, after describing certain property conveyed thereby, proceeds: “Also, any increase of all property, real or personal, that may be hereafter acquired by the parties of the first part (the appellees) by purchase or otherwise, the legal title of which under said trustee, his successors and assigns we warrant and agree forever to defend.” The bill, filed about three years after the execution of the deed of…