Curry v. Commercial Loan & Trust Co.

Osro Cobb, Justice.

On January 23, 1963, appellants executed their first mortgage installment note to appellee bank in the amount of $12,500.00, the note being secured by a real estate mortgage executed by appellants on the same day, and embracing certain lands which included appellants’ homestead. The mortgage recited that it was to secure all other advances up to and including the legal lending limit of appellee bank, which was set forth upon the mortgage at $42,000.00.

On September 27, 1963, appellants sought and obtained an additional advance of $8,500.00 from appellee bank for which they…