Commerce Trust Co. v. James

Opinion by

JARMAN, C.

This was an action by Lizzie F. James to foreclose a certain real estate mortgage executed by Alonza C. Bortheck .and Ollie J. Bortheck in the principal sum of $1,500. The defendant. Commerce Trust Company,' a corporation, by cross-petition sought to have its mortgage in the principal sum of $2,000 decreed to be a first lien on the mortgaged premises and to have the same foreclosed.. Judgment was for the plaintiff, and the defendant trust Company brings error.

On September 23, 1914, Alonza and Ollie Bortheck owned the land in question and borrowed $1,500 from Y. B. Brown,…