Maynard v. Maynard

Opinion op the Court by

Morris, Commissioner

Reversing.

Appellant, prior to December, 1939, executed bis note to the Pikeville National Bank and Trust Company, and to secure payment a mortgage on his home tract comprising about 300 acres. He was in default as to principal and interest when the bank sought to enforce its lien, the debt and interest at the time being around $1,380, and in November, 1939, default judgment was entered with directions to sell. On December 4th the land was sold under decree, and on December 20th appellant filed his petition in equity seeking to have the sale set aside…