Jarvis v. Hill (Jones)

Opinion by

Me. Justice Schaffer,

If it is borne in mind that this is a sci. fa. on a mortgage and not a proceeding directly involving the title to the real estate which it binds, the problem submitted to us becomes much simpler than it otherwise might be.

The mortgage was made by William D. Hill to John A. Bell. The sci. fa. was sued out by James N. Jarvis, trustee in bankruptcy of Bell, against Hill as mortgagor, and Mary B. Jones, who is Bell’s daughter, as real owner. The case was submitted by the trial judge to the jury for determination and they found for plaintiff; Mary B. Jones appeals.

Bel…