Coryell v. Hardy

The opinion of the court was delivered by

Thiele, J.:

This was an action to determine the respective rights of seller and purchaser under a real-estate contract, as well as the rights of certain lienholders, and from the judgment of the trial court the purchaser appeals.

There is little, if any, dispute as to the facts. Frank D. Coryell, husband of the plaintiff, appears to have owned the real estate in question. On October 14, 1921, he and his wife mortgaged it to Fred I. Boone and Ellis T. Poland to secure a note for $47,000 payable in annual installments of $3,000 on the first day of October…