Schlesselman v. Martin

Evans, J. —

Plaintiff’s mortgage was executed in May, 1924, by C. P. Martin and wife, as mortgagors. In October, 1924, Martin conveyed to the Parnell Savings'Bank, subject to the mortgage. Martin was the cashier of the Parnell Savings Bank at the time he took title and at the time he conveyed the same. It is contended that Martin held the title ás a meré trustee for the bank. The plaintiff brought his foreclosure suit on June ,13, 1927. In April, 1927, L. A. Andrew, as superintendent of bank ing, had instituted a proceeding in the same court against the Parnell Savings Bank, alleging its…