Fitzgerald v. Chicago Mill & Lumber Co.

Mrs. N. R. Fitzgerald instituted an action against R. L. Cobh and wife in the chancery court of Phillips County to foreclose a deed of trust executed by Cobb on a large plantation to secure an indebtedness to plaintiff of approximately $104,000. The deed of trust was subject to a prior deed of trust in favor of the Deming Investment Company in the sum of $110,000. The investment company was made a party defendant, but filed no answer. It was alleged that Cobb, tlie mortgagor, bad wrongfully . and unlawfully cut timber from the mortgaged premises and sold the same to the Chicago Mill & Lumber…