Hilton v. Rahr

The executors respondent brought this suit to-foreclose a mortgage executed by the appellants to Charles Rahr, Sr., and had judgment of foreclosure and sale for a sum due, a sum to become due, solicitor’s fees, and costs. The appellants defended the foreclosure suit on the ground that the mortgagee, Charles Rahr, Sr., had prior to his death and in the month of August, 1911, made a gift of the note secured by this mortgage to his son, the appellant Charles Rahr, Jr. Appellants contend that the trial court erred in finding-against such gift, and that the latter finding rests in some essential…