Warning's Ex'r v. Tabeling

Opinion of the Court by

Chief Justice Ratliff—

Affirming.

The appellant, Norbert Warning, executor of the estate of Kate Warning, deceased, filed this action in the Kenton circuit court against appellees, defendants below, by which he sought to recover of them for the estate of his decedent, an alleged indebtedness of the sum of $2,500, and to foreclose a mortgage on® certain real estate in Kenton county, alleged to have been executed to secure the indebtedness. We refer to appellant as plaintiff and appellees as defendants, according to their status in the lower court.

In the original petition…