Welch v. Mann's

Opinion op the Court by

Stanley, Commissioner

Affirming in part and reversing in part.

The appeal is from an order setting aside a default judgment and dismissing the petition. The appellant, E. L. Welch, sued Nando Mann’s executor and his widow, Mrs. Martha Mann, appellees herein, to recover on their promissory note for $1,651.05 and to enforce a mortgage on land. It is alleged that the executor, by the terms of the will, had power to sell, mortgage, and convey any real estate belonging to the testator, and to borrow money for the estate and mortgage its real property to secure same. But it did…