Pinnix v. . Casualty Co.

The plaintiffs, beneficiary and trustee under a junior mortgage or deed of trust, brought this action to restrain the foreclosure of a senior mortgage having a lien on the same lands, and to have ascertained the amount due on the note secured by the senior mortgage, to the end that it might be paid in protection of plaintiffs' security, and plaintiffs subrogated to the rights of the senior mortgagee.

The controversy as to the amount due arises on the following facts and contentions:

On 15 April, 1927, John M. Pinnix and Madye Leak Pinnix borrowed $10,000 from the Carolina Mortgage Company, and…