Straus Bros. v. Rush

Mr. Presiding Justice Jones

delivered the opinion of the court.

• The Straus Brothers Company, appellant, brought an action of debt against appellees, the administratrix and heirs at law of Martin J. Rush, deceased. The amended declaration charges that the appellant is the holder and owner of certain notes signed by Martin J. Rush for the principal sum of $42,800 upon which there is due a large amount of accrued interest; that said notes are secured by a mortgage upon 295^4 acres of land in Indiana; that the notes are purchase money notes; that Bush died intestate prior to the maturity of any…