Spicer v. Elmore

Opinion op the Court by

Judge Fulton

Affirming.

On February 12, 1939, tbe appellant, E. V. Spicer, became the purchaser at decretal sale of a farm, formerly owned by his deceased father, which was sold in settlement of the latter’s estate. J. M. Elmore, then husband of appellee, signed the purchase-money bonds amounting to $5,400 as surety. In order to protect his surety Spicer executed and delivered to him a writing by which it was agreed that if the surety were compelled to pay the purchase-money bonds Spicer would execute an assignment of his bid and have deed made to the surety. This writing…