Citizens National Bank v. Wisecarver

Opinion by

Mr. Justice Kephart,

The sole question for our consideration is whether the court below abused its discretion in refusing to open the judgment. As the facts are of interest only to the parties, it would serve no useful purpose to relate them in detail.

Appellant, her brother and his wife were indebted to the Citizens Bank in the amount of $187,338.21. Under agreement, the parties jointly gave the bank a bond and mortgage and deed of trust, and assigned certain stocks as collateral. It was stipulated that, in the case of a sale, appellant’s property was to be sold after that of her…