Brewer v. Burch

Opinion of the Court by

Judge Thomas

— Reversing.

On October 20, 1939, one Bent Pierson filed an action in the Owsley circuit court to collect a note in the-sum of $100 which W. H. Brewer had executed to him and which was secured by a mortgage given by Brewer on a tract of 50 acres of land in Owsley County. Both instruments were executed on September 19, 1923. The action was filed to recover judgment on the note and also to enforce the mortgage by a sale of the land which it was alleged was indivisible.

The defendants in that action were the children of Brewer, two by his first wife, and the…