Scott, Et Vir v. Simmons, Et Ux.

THOMAS, J.:

The chancellor, upon final hearing, dismissed the appellants’ bill to foreclose a mortgage given 27 June 1925, to secure a part of the purchase price of the encumbered property. The mortgagor conveyed the land and the instrument contained no reference to the encumbrance. The last grantee deeded the property to one of the appellees, E. H. Simmons.

We now give a chronology of events, surrounding the final transaction, from which must be determined the propriety of the chancellor’s ruling that the appellants were not entitled to a decree.

Pursuant to a verbal contract between them, the…