Trees v. Johnson

The opinion of the court was delivered by

Harvey, J.:

These five cases are similar in their facts and involve identical legal questions. Plaintiffs sued the bank and its receiver for the amount of notes sold to them respectively by the bank, which notes .were secured by a mortgage to the bank, which the bank was to hold for their benefit, and which mortgage the bank released by its president, since which time title to the mortgaged property has passed to innocent purchasers. At the time of the release of the mortgage the legal title to the real property was in the name of the president of the…