First-Owensboro Bank & Trust Co. v. Wells

Opinion of the Court by Chief

Justice Ratliff

Reversing.

In December 1922, R. E. Rodgers borrowed from the Farmers & Traders Bank of Owensboro, Ky., $8,000 and executed his note therefor due twelve months after date, together with a mortgage on certain real estate in Owensboro, Ky., to secure payment of the note. In June 1927, Rodgers and his wife, Bernadine C, Rodgers, borrowed $5,000 more from the same bank for which they executed their note due twelve months from date and secured its payment by a second mortgage on the same property.

From time to time certain payments were made on the notes…