Dodson v. Protective Life Ins. Co.

FOSTER, Justice.

The bill in this case sought relief which was granted in the final decree for the foreclosure of a mortgage executed by one Hicks in July 1927, to Smith-Schultz and Hodo Realty Company, and by them transferred to complainant, which is the appellee here, and to clear the title in respect to an older mortgage. One Bi*Ush, owning three vacant lots, on January 28, 1927, made a first mortgage on them to appellant Dodson. On the next day, he deeded 'to Prince one of them, lot number six, here in question.

It is not alleged in the pleadings nor proven that Prince was an innocent…