Pendley v. Brooks

Quillian, Judge.

In his order the trial judge found that the interest of the plaintiff under his warranty deed to secure debt lay entirely against a one-ninth distributive share of the proceeds from the sale of the dower land by the defendant administrator. This was predicated on the plaintiff’s pleadings which sought one ninth of the net distributive amount of the proceeds and was a holding that any right to the land under the deed to secure debt had been cut off by the administrator’s sale and that the sole interest covered by the security deed was in the proceeds. Consequently, in the…