Stark v. Stephens

Plaintiffs in error were defendants and defendant in error was plaintiff in the trial court. They are hereinafter referred to as there.

Plaintiff owned a certain tract of real estate on which defendants held a trust deed in process of foreclosure, which foreclosure this suit was brought to enjoin on the ground that the indebtedness had been paid. Trial was had to the court, findings were for plaintiff and judgment was entered accordingly. To review that judgment defendants bring error.

The payment was made to one Miller as agent. The trial court held Miller to be the agent of defendants; they…