Civil  action  tried  before  Ttmberlake,  J, ,  and  a  jury
at  July  Special  Term,  1897,  of  Buncombe  Superior
Court.  There  was  a  verdict  for  the  defendant  and  from
the  judgment  thereon  the.plaintiffs  appealed.  The  facts
appear  in  the  opinion.
Mr.  T.  H.  Cobb  for  plaintiff  (appellant).
Mr.  W.  W.  Jones  for  defendant.
FuRCHES,  J.:  On  the  7th  day  of  July,  1890,  the
plaintiff  Bostic  bargained  and  sold  to  the  defendant
Loughran  (and  two  other  persons,  not  parties  to  this
action)  three  lots  of  land  in  or  near  the  city  of  Asheville.
The  purchasers  executed  to  the  plaintiff  Bostic  the  six
promissory  notes  mentioned  in  the  complaint  and  the
plaintiff  Bostic  executed  a  bond,  in  the  sum  of  $1,000,
conditioned  to  make  the  purchasers  a  title  to  said  land
upon  the  payment  of  the  notes.  This  bond  contains  a
power  of  sale  authorizing  Bostic,  upon  the  nonpayment
of  the  notes  at  maturity,  to  sell  the  land  mentioned
therein,  and  to  apply  the  proceeds  of  sale,  or  a  sufficient
amount  thereof,  to  pay  off  and  satisfy  said  nptes;  and
this  bond  was  signed,  sealed,  and  delivered  to  the  de-
fendant by  Bostic,  and  soon  thereafter  admitted  to  pro-
bate and  registered.  Each  of  the  notes  state  that  they
are  secured  by  a  bond  on  real  -estate,  of  even  date  with
said  note;  and  they  further  state  that  it  is  understood
and  agreed  that,  if  the  interest  on  said  notes,  which  is


670  IN  THE  SUPREME  COURT.  [122


Bank  v,   Louohran.
to  be  due  and  paid  semi-annually,  shall  not  be  promptly
paid  upon  its  falling  due,  then  and  in  that  event  the
whole  indebtedness  shall  become  due.  Three  of  these
notes  are  to  become  due  two  years  after  date,  and  the
other  three  are  to  become  due  three  years  from  date.
