Tacey v. State Bank of Linwood

The bill herein was filed to cancel a mortgage executed by plaintiffs, set aside a foreclosure thereof, and restrain proceedings thereunder to obtain possession. In the circuit plaintiffs had decree and defendants appealed.

Three questions are presented.(1) Was the mortgage procured by fraud?(2) If so, was right to relief in equity waived by acts of plaintiffs?(3) Was defendant State Bank of Linwood a purchaser of the mortgage in good faith ?

It is doubtful whether plaintiffs have made out a case of fraud. We need not, however, determine that question, for, if the mortgage was procured by…