Murray v. Johnson

Nichols, Justice.

On August 1, 1957, the appellee and others sold to Max Bowers described real estate executing a warranty deed. Appellee received a note and deed to secure debt of even date which was satisfied of record in February, 1958. Thereafter, on June 11, 1959, the appellee filed an action seeking to have the cancellation of the deed to secure debt set aside and on June 21, 1961, the satisfaction of the deed to secure debt was set aside. On March 31, 1959, during the period when the record in the office of the clerk of the superior court showed the prior encumbrance satisfied and…