State Ex Rel. Mothersead v. State Ex Rel. Com'rs of Land Office

TEEHEE, C.

In this cause defendant in error, the Commissioners of the Land Office, plaintiff below, brought suit against J. R. 'Capshaw and wife to recover on their promissory note of $4,060 representative of a loan of that sum out of the permanent school funds of "the state, and for the foreclosure of a real estate mortgage given by them in security thereof. Plaintiff in error, O. B. Mothersead, as State Bank Commissioner, a party defendant below, was the holder of a juniof mortgage. The controversy here is between plaintiff and this defendant, both of whom had judgment for their respective…