Bodley v. Jones

Layton, Chief Justice,

delivering the opinion of the court:

This is an appeal from a decree of the Court of Chancery impressing a trust in favor of the apellee upon the proceeds of a bond and mortgage.

The appellant is the executor of the last will and testament of William Fortner, deceased, who at the time of his death, was the mortgagee and obligee named in a certain mortgage and bond given and executed by one Royden Caulk, bearing date October 8, 1935, to secure the payment of the sum of $3500.00, and of record in the office of the Recorder of Deeds for New Castle County.

Subsequent to the…