Mitchell v. Fayette Bank & Trust Co.

This is an action brought by the Fayette Bank & Trust Company of Con-nersville, Ind., against Oscar T. Mitchell,. Maud Mitchell, and the First National Bank of Connersville, to foreclose a mortgage on certain real estate located in Cotton county. Plaintiff acquired its mortgage’ by purchase, and there is no contest as to the mortgage. The defendant First National Bank held a second mortgage against the premises executed by defendants, Oscar and Maud Mitchell, which mortgage it seeks to foreclose by cross-petition. This mortgage was given to secure a note in the sum of $4,563. It is claimed by…