Rouland v. Burton

On March 15, 1933, defendants executed their promissory note for $2,500' payable to order of Gilbert K. Swain, trustee, secured by a trust deed upon certain property in the city of Alton.

Catherine M. Kunz, a resident of Alton, died on December 2, 1934, as a result of a surgical operation to which she had submitted several days previous to her demise. Alexander Rouland, plaintiff, was appointed administrator of her estate, and upon examining the contents of her safety deposit box, found the above mentioned note and trust deed. He later filed suit to foreclose the lien of the latter, and the…