Fast v. Steele

HAYNES, C.

This appeal is- from a judgment in favor of the plaintiff foreclosing a mortgage executed to him by Walter D. Steele as executor of Mrs. C. L. Steele. The defendants who have taken this appeal are interested in the estate of said testatrix.

The authority to execute said mortgage was not given by the will of the deceased, but it was executed under an order of the court, made for that purpose upon the petition of the executor; and it is contended by appellants “that the executor has not exercised the power to mortgage given him by the court in the manner prescribed by the order from…