Farmers & Merchants National Bank v. Eureka Land & Stock Co.

OPINION

By the Court,

COLEMAN, J.:

This is a suit instituted by Eureka Land & Stock Company against Farmers & Merchants National Bank of Eureka, to set aside two real estate mortgages. Judgment was rendered in favor of the plaintiff, from which and an order denying a motion for a new trial, the defendant appealed. We will refer to the parties as plaintiff and defendant.

In the early part of 1932 plaintiff was the owner of large land and livestock holdings in Eureka County, of the value of over $250,000. It owed about $125,000, of which sum $69,500 was secured by a chattel mortgage on the…