Nix v. Cauthen

Candler, Justice.

This record makes the following case: On December 15, 1961, H. W. Cauthen, Sr. sold and conveyed to B. R. Nix certain realty in DeKalb County for $49,500. Payment of the purchase money was arranged as follows: Nix assumed payment of a first mortgage on the property for $30,000, paid in cash a stated amount of money and executed and delivered to the seller his promissory note for $13,200 due one year from date with interest at 6 percent. Nix died testate on April 30, 1962, and Mrs. Jettie Ward Nix, his widow, qualified as executrix of his estate. On October 9, 1962, Mrs. Nix…