Hargis Commercial Bank & Trust Co.'s Liquidating Agent v. Eversole

Opinion op the Court by

Chiep Justice Rees

Reversing.

W. C. Eversole and the appellee, Bessie Eversole, are husband and wife. On September 3, 1924, they executed a note for $6,650 to the Hargis Commercial Bank & Trust Company, and to secure the payment of the note they simultaneously executed a mortgage on certain real estate located in the city of Hazard, jointly owned by them. Thereafter the bank brought suit to foreclose the mortgage, and an attachment was levied on certain other real estate owned by appellee. On May 15, 1930, at a special term of the Perry circuit court and after the bank…