Waxenfelter v. Rouch

OPINION

By STEVENS, PJ.

This cause is before this court as an appeal upon questions of law and fact. The parties will be designated as they appeared below.

The action is one seeking to set aside a mortgage as fraudulent and as constituting a preference. Said mortgage covers premises standing in the name of the defendant Ada Rouch, and was executed and delivered by her to her father, John W. Feightner.

The evidence shows that John W. Feightner, after the death of his daughter’s husband, recognizing the necessity of helping her in order that she might maintain a home for her children and herself,…