McGuire v. Cope

Opinion op the Court by

Commissioner Hobson—

Affirming.

On January 19,1925, the Hargis Commercial Bank & Trust Company filed an action in equity in the Breathitt circuit court against Kelly McGuire, and Lillie McGuire, his wife, seeking to recover on a promissory note for $265; also a note for $85 and to foreclose a mortgage on a tract of land as the property of Kelly McGuire given by them to secure the notes. The process was returned duly executed, and at the next term of the court a judgment was entered by default for the amount of the notes and directing a sale of the land. The sale was made…