Commercial & Savings Bank v. Maher

This litigation began as a suit in equity and ended as an action at law in which a judgment was rendered in favor of the plaintiff, Stella Maher, against the two banks, now the appellants, in the sum of $6,000. On separate petitions of the banks we granted to them writs of error. The Commercial and Savings Bank of Winchester *288will be referred to herein as Commercial, and Shenandoah Valley-National Bank of Winchester as Shenandoah.

On January 26, 1957, the plaintiff filed her bill in equity alleging that there was of record an instrument purporting to be a deed of trust securing payment of a…