Erwin v. West

THIS is a controversy between mortgagor and mortgagee over a certain fund in the depository of the district court of Jefferson county.

On October 13, 1926, the then owner of the real estate involved executed a promissory note in the sum of $5,000, payable to defendant in error, to whom reference is hereinafter made as plaintiff, and secured the same by the execution of a deed of trust, which note and deed of trust were thereafter extended to October 13, 1938, by the present owner — herein designated as defendant — by an instrument in writing dated January 7, 1936.

November 19, 1937, defendant…