Hudgens v. Taylor

On April 23, 1940, Annie Randall, now deceased, executed and delivered to appellee her note, secured by deed of trust on the property here in controversy for $1,200 payable one year after date. The deed of trust contained this clause: “This sale is on condition that whereas I (am) justly indebted to É. Taylor in the sum of twelve hundred dollars as evidenced by a promissory note of given date- — and a warranty deed held in escrow 'by the First National Bank, Tuckerman, Arkansas, made in favor of E. Taylor, and to be delivered to him either upon my order or at my death.'” At the same time, or…