Bernatovich v. Davis

Opinion by

Mr. Chief Justice Schaffer,

Plaintiffs, husband and wife, tenants by entireties of a property on which, they had created a mortgage for $5,000 in favor of the Bosak State Bank, filed a bill in equity, after the bank’s failure, against its receiver, praying for a decree declaring the mortgage paid, forbidding foreclosure proceedings upon it, and compelling the entry of satisfaction on the record. The chancellor so ordered. From this action the receiver appeals.

The bill recites that, at the time the mortgage was made, . June 10, 1926, no money was paid by the bank to plaintiffs, but it…