Chicago Lumber Co. v. Bancroft

A plaintiff instituted a suit to foreclose a mechanic’s lien on real estate, malting the appellant, the Lexington Bank, and appellees Bancroft parties defendant in the action. Defendants Bancroft were the fee owners of the property involved in the suit, and defendant hank claimed a lien thereon by virtue of a mortgage in its favor executed by the Bancrofts. The bank appeared in the action, and, by way of cross-petition, pleaded that the Bancrofts were indebted to it on a promissory note for the sum of $1,122, executed by them to the bank, and. that said note was secured by a real estate…