Kearby v. Hopkins

NEILL, Associate Justice.

The judgment appealed from vacates a sale of certain land sold by John A. Pope, as substitute trustee, in a deed of trust on the premises; and was rendered on the following facts found by the trial court, which we adopt as our conclusions of fact:

“1. On November 9, 1885, H. M. Spalding executed and delivered to Mrs. Susan M. Knowles a note for §10,000, due five years after date, with interest at seven per cent per annum, payable semi-annually, said note being fully described in plaintiff’s petition.

“0. On the same day, to secure the payment of said note, H. M.…