Security State Bank v. Clarke

The opinion of the court was delivered by

Mason, J.:

The Security State Bank brought an action seeking a personal judgment against W. D. Clarke upon a note executed by him and his wife, and the foreclosure of a real-estate mortgage securing it. G. W. Hampton, one of the defendants, through whom, by intervening assignments, the plaintiff derived title, claimed to be the real owner of the note and mortgage, and entitled to their proceeds, on the ground that he had been induced by fraud to transfer, them, and that the plaintiff had not acquired them under such circumstances as to give it the…