Fitzpatrick v. Baker

Opinion of the Court by

Judge Settle

Reversing.

On January 20,. 1898, J. J. Fitzpatrick executed to James P. Lewis Ms note for $281.13 and, to secure its payment, gave Mm a-mortgage on a tract of land in Letcher County, which had been conveyed to the mortgagor by his father, James B. Fitzpatrick January 29, 1896. After mortgaging the land to James P. Lewis, J. J. Fitzpatrick, on February 19, 1898, conveyed it by deed of general warranty to the appellant, John D. Fitzpatrick. This deed, as well as that from James B. Fitzpatrick, and the mortgage from the latter to James *177P. Lewis, was duly…