Atkinson v. Kirby

SIMPSON, Justice.

This case was assigned to two other Justices, successively, in the order of their ascendancy to the bench. It was assigned to the writer, November 24, 1959, for study .and preparation of the opinion.

Kirby, appellee, filed a bill in equity seeking foreclosure of a mortgage. The mortgage secured the balance of the purchase price of land purchased by J. J. Killough from appellee. The consideration in the ■mortgage was delivery of 30 bales of cotton in installments of 5 bales per year beginning with the first installment on December 15, 1945. The bill alleged default in 1945 and…