Winfree v. Title Ins. & Trust Co.

Opinion op the Court by

Stanley, Commissioner

—Affirming.

On March 11, 1924, the appellants, T. S. Winfree and wife, borrowed from or through the Louisville Title Company $3,750, secured by a lien on real estate. The obligation was evidenced by a series of coupon bonds providing for the payment of $43.95 monthly during a period of ten years. The mortgage or trust deed recites that these sums were to be deposited with the title company, as trustee, to create a sinking fund for the satisfaction of the interest and bonds as they severally matured. The instrument contained a provision for…