Noble v. Nugent

The question here arises upon bill filed to foreclose a deed of trust executed by appellee Catharine Nugent, whilst sole and unmarried, to one Runyan, as trustee, to secure the payment of certain notes executed by her to appellant, and cross-bill by appellees against appellant, to have the notes declared paid and the deed of trust and notes canceled, etc. The decree below was in favor of appellees upon the cross-bill, denying the foreclosure prayed by appellant.

The proofs show that the notes secured by the deed of trust were paid by appellee Catharine long before the filing of the bill to…