Reiss v. Wintersmith

Opinion op the Court by

Judge Richardson

Reversing on original and affirming on cross-appeal.

This appeal brings under review the trial of an action originally instituted under the Declaratory Judgment Act, section 639a-l et seq., Civil Code of Practice. In the petition it is alleged that T. F. House executed and delivered to the appellant a note for $1,000, payable one year after date, and that to secure it he executed and delivered to him a mortgage on certain described property. The note and mortgage are dated September 25, 1928. The mortgage was recorded November 1, 1928. Subsequent to its…