Yeomans v. Nachman

The suit, out of which the controversy now before us has evolved, arose- because of the fact that plaintiff Yeomans and defendant Nachman each owned and held a Real Estate Mortgage Bond, or note, similar in date, amount and terms, and stating therein that it is secured by a first deed of trust, of even date. There is but one such deed of trust, and only one note described in and secured thereby; and as both of the above-named parties claimed the security, if became vitally necessary to ascertain which, was *197entitled thereto. Plaintiff Yeomans, therefore, brought an action in equity to have his…