Tyson v. Union Central Life Ins. Co.

Suit upon a promissory note and to foreclose a trust deed lien upon real estate in the hands of administrators, whose decedent had purchased the land subject to the lien, but had not assumed the debt. The only question which the appeal presents is whether the district court committed error in decreeing an order of sale instead of certifying its judgment of foreclosure to the county court for execution.

The question presented arises out of the following undisputed facts:

February 6, 1920, M. V. Tyson (then the owner of the property which consisted of 294 acres of farm land) and wife executed a…