First State Bank of Franklin County v. Ford

TORBERT, Chief Justice.

This is an appeal from the judgment issued by the Franklin County Circuit Court in a suit in which Lois Ford, the plaintiff, sought to quiet title to certain property. In its answer to the complaint, the First State Bank of Franklin County, the defendant, asserted that it had an interest in the property based upon a mortgage executed to it by the plaintiff and her husband and a mortgage foreclosure deed. The trial court issued a judgment quieting title in the plaintiff, and the defendant appeals.

The following facts were developed at the trial of this case. On January…