Southern Cotton Oil Co. v. Lowery

FOSTER, Justice.

This is an action of detinue by appellees, J. B. Lowery and his son, Griffin Lowery, as partners. It was tried by the judge without a jury. The property sued for is made up of portions of a sawmill and a gin outfit.

Appellee J. B. Lowery and wife executed a mortgage to appellant in 1929 on a certain described lot of land, containing this clause: “Being the lot or parcel of land on which the sawmill, gin and one dwelling are situated, known as Lowery property, and includes all property situated thereon.” The mortgage was foreclosed before suit and the foreclosure deed, also to…