Marshall v. Russell

Action by the defendant in error upon, a promissory note for $1500 and interest, bearing date June 1, 1911, exe-. cuted by one Hurlbert, secured by mortgage deed upon real estate, recorded June 6, 1911. The complaint prays for foreclosure, etc., and that the defendant Marshall be barred from claiming any right to the land except the right to redeem. The decree was for the plaintiff. Marshall only brings the case here for review.

The record discloses that at' the time this note and mortgage were given there was a prior deed of trust upon the real estate in controversy, given by Mr. Hurlbert’s…