Barnett v. Waddell

SIMPSON, Justice., Robert H. Waddell, as administrator of the estate of W. L. Waddell, deceased, sues in equity to foreclose an equitable mortgage on real estate.

The bill clearly indicates the suit to be by Waddell in his representative capacity as such administrator.

Right to the enforcement of the lien is based on a note dated June 15, 1926, signed by defendants (appellants), in which the land was “mortgaged” and “pledged” as “collateral security.” The bill is to declare and close this lien.

The note pledging the property described in it as security for the debt constituted an equitable…