Ex Parte: Deloach, Clerk of Court

I concur in the result of the opinion of Mr. Justice Cosgrove affirming the decree of his Honor Judge Johnson upon the grounds which I shall hereinafter state.

This is a case sui generis: I have never heard of anything like it before.

It appears that in 1917 E.B. Lawton conveyed a tract of 294 acres to F.M. Lykes, upon certain terms which are not set forth in the record, but which involved the execution by Lykes to Lawton of a purchase-money mortgage; later, on December 2, 1921, Lykes gave a second mortgage on the premises to J.W. Mayfield; later, between August 17, 1922, and February 11, 1924,…