White v. Kemberling

The opinion of the court was delivered by

Johnston, C. J.:

This was an action brought by Lucy S. White to recover upon a note and to foreclose a mortgage on a tract of land, both executed by Henry A. Kemberling and wife to J. L. Pettyjohn & Company. C. E. Bronner who claimed a first lien *113on a mortgage of an earlier date on the same land was made a defendant. The court found in favor of the plaintiff awarding judgment against the Kemberlings for the amount of the note held by her and foreclosing the mortgage securing it, but also holding that Bronner was not entitled to judgment on the note…