Rudd v. Turner

Opinion of the Court by

Judge Nunn

Affirming.

Rebecca S. Turner instituted this action in equity to foreclose a mortgage lien for $40,700.00 on property in Louisville located on the corner of Third'and Main streets. Appellant Anna R. Taylor filed an answer setting forth a few claims which she alleged they were entitled to be credited with. The lower court refused to allow the claims, and appellants’ counsel strenuously contend on this appeal for one of them, to-wit, $150.00, which was paid by the Fidelity Trust Company before the execution of the note for $40,700.00. If it be true that the Trust…