Coile v. Finance Company of America

Almand, Justice.

This appeal enumerates error on an order sustaining a general demurrer to an equitable petition seeking the cancellation of a note representing an indebtedness and a security deed from the plaintiff to the defendant’s assignor.

The appellant’s petition in substance alleged: that the plaintiff on March 30, 1963, borrowed $2,496 from the Arrow Loan & Investment Co., and executed to the lender a deed to secure the payment of the note. He alleged that the note and its security had been transferred to the Finance Company of America which was advertising a notice of sale under the…