Nesbitt v. Swallow

Opinion by

Mr. Justice Teller.

The defendant in error brought suit to foreclose a mortgage made by one Holloway to secure a promissory note, who later sold and conveyed the mortgaged premises to one Beatty, and took from Beatty a promissory note secured by a *195deed of trust on said premises. The note secured by this deed of trust was transferred to Jonathan A. Nesbitt. He having died, Frank B. Nesbitt, the plaintiff in error, became administrator of the Nesbitt estate.

Holloway, Beatty and Nesbitt as administrator, were all made defendants, though the only relief prayed for as against Nesbitt and…