Busch v. City Trust Co.

This cause is here for review upon appeal taken by defendant below, appellant here, to a decree of the Circuit Court of Dade County, foreclosing a trust deed or mortgage on real estate by The City Trust Company, as Trustee for the holders of certain first mortgage coupon bonds totalling $44,000.00 secured by said mortgage. It will be observed that the trust deed was first executed to Thomas F. Davenport as trustee, and as authorized by its terms, appellee was duly substituted as such trustee.

It is conceded by both parties that the main issue presented in this appeal is that:

Where a trust deed…