Aiken v. . Gardner

The case on appeal, as stated by the judge, is as follows:

1. It is admitted that the judgment under which the execution was issued and homestead allotted was docketed in Durham County, 22 February, 1886.

2. It is admitted that the mortgages to Wyatt, Womble and others were dated — Womble, 30 April, 1887; to Mrs. Gardner, August, 1887; Wyatt Bowling, 7 December, 1887, covering the land levied on and included in homestead allotment.

3. The contract with Rhine was dated 20 April, 1885, and registered 27 March, 1889; and 7 February, 1888, another contract was made with the same party and registered…