Clayton v. Fort Worth State Bank of Fort Worth, Tex.

WALKER, Circuit Judge.

In May, 1920, the appellants, Clayton, Elwood & Arnett, mortgaged to the North Texas Trust Company a described lot of steers and also described cows and calves to secure an indebtedness of $68,250. Thereafter appellants sold the mortgaged steers to Prank Corn, and Com executed two mortgages of the steers to secure debts owing by him. In December, 1921, the appellants, pursuant to a demand of said trust company, paid the balance then owing on the debt secured by appellants’ mortgage. In this suit, to which the holders of the two mortgages given by Corn were parties, the…