P. A. Blackwell & Co. v. Canoe Creek Coal Co.

Opinion of thf. Court by

Judge Sampson —

Affirming.

In 1923 appellee, Canoe Creek Coal Company, Inc., issued mortgage bonds, interest coupons attached, covering all of its valuable coal properties, making Henderson National Bank trustee, the bonds to run from four to fifteen years, interest payable semi-annually. In 1925 the Henderson National Bank, as trustee, instituted suit in the Henderson circuit court against the coal company and others to recover judgment and subject the property to the payment of the mortgage bonds and other liens. The amount of the indebtedness was large and the…