Franklin v. Loan & Investment Co. of North America

Lesser Franklin, appellant, filed his bill in equity, and made the Loan and Investment Company of North America, R. S. Tuthill, trustee, and James A. McDonald, defendants thereto. The suit, as between appellant and McDonald, involved a freehold, but as between appellant and the Loan and Investment Company and its trustee the only question was, whether or not the freehold estate in the bands of appellant was liable to the lien of a certain deed of trust executed to Tuthill, as trustee, to secure an indebtedness due from McDonald to the company. In respect to the controversy between complainant…