Guest v. Foster

Opinion of the Court by

Judge Carroll

— Affirming.

The Citizens Trust Company brought suit to enforce the collection of a promissory note for $4,500, executed to it by Anna P. Guest and her husband and the trustee of Mrs. Guest, and to have a tract of land containing 169 acres, upon which there was a mortgage to secure the payment of the note, sold to satisfy the debt. There was a prior mortgage on the land for something over $6,000, given to the Commonwealth Life Insurance Company, and this company came in by cross-petition and asked for personal judgment and a sale of the land to satisfy its…