Cole v. Lewis

Opinion op the Court by

Judge Mtuuer

— Dismissing the First Appeal and Affirming in the Second Appeal.

These two appeals, the first being by Bertha Cole by Isaac Day as her next friend, and the other being by Bertha Cole by L. W. Fields, her guardian, relate largely to the same state of facts, and will be heard together.

Primarily, they grow out of an action brought by McLin, Kilbourne & Co., to enforce a mortgage lien which that firm held upon 348 acres of land of John T. Cole to secure an indebtedness of $387.00. The mortgage was executed on April 8, 1899, and matured December 8th of the same…