Eversole v. Barker

Opinion op the Court by

Judge McCandless

Affirming.

Elihn Garrison and Ms wife, Martha, owned separate tracts of land, both of which were mortgaged to the Hyden Bank to secure a debt he was owing. After the death of Elihn Garrison, foreclosure proceedings were instituted and the land sold at decretal sale, each tract bringing less than two-thirds of its appraised value. This occurred in June, 1914. In February, 1915, the administrator of the estate of Elihn Garrison, J. M. Garrison, who was also a son of Martha Garrison, had a conversation with one of the purchasers of the land, who told him…