Cody Trust Co. v. Dittmar

Cody Trust Company, a corporation, as trustee in a trust deed in the nature of a mortgage brought its action in forcible entry and detainer under the provisions of clause 6, paragraph 2 of the Forcible Entry and Detainer Statute, Cahill ’s' St. ch. 57, ft 2, after a written demand for possession and after default by the mortgagors in payment of a portion of the indebtedness before any suit or foreclosure on the notes or other proceedings were instituted. The judgment was in favor of the defendant.

The only question involved is whether or not a mortgagee or a trustee in a trust deed can…