Sachs v. Title Ins. Trust Co., Etc.

Opinion op the Court by

Judge Dawson

Affirming.

These two appeals have been consolidated because they involve substantially the same question of law and facts.

Prior to 1926 Phillip Sachs and his wife Rebecca were engaged in the mercantile business in Harlan and resided in that city. They were the owners of several parcels of real estate which were encumbered by mortgages in favor of the Citizens National Bank of Harlan and the Title Insurance and Trust Company. In April 1933 the mortgage in favor of the Citizens National Bank was assigned to the Harlan National Bank as trustee. The Sachs…