Citizens Bank v. Davis

The opinion of the Court was delivered by

Mr. Acting Associate Justice R. O. Purdy.

The respondent commenced an action against the defendants for the foreclosure of mortgages upon real estate described in the complaint, which action resulted in a decree for the foreclosure of the mortgages and the sale of the real estate. From this decree, the defendants gave notice of appeal, and in order to prevent the sale of the premises pending the appeal, executed an undertaking which, among other things, provided that if the judgment be affirmed, they would pay to the plaintiff the value of the use and…