Huston v. Tower

The opinion of the court was delivered by

Burch, J.;

The action was one to recover on a promissory note and to foreclose a mortgage securing the note. The maker of the note and mortgage did not defend. The receiver of failed banks intervened, and claimed the note and mortgage belonged to the Belvue State Bank, that plaintiffs were simple creditors of the bank, and that the note and mortgage were delivered to them as security while the bank was insolvent, contrary to the statute forbidding preferences. Judgment was rendered for the receiver, and plaintiffs appeal.

The note was given by Tower to…