Lowry v. Hensal's Heirs

Opinion by

Mr. Justice Kephart,

David C. Hensal bought nine separate tracts of coal land from different owners; included therein was the land of David Heinbaugh. In part payment of all the land, Hensal executed a mortgage on the nine tracts to John R. Scott as trustee for the former owners. The balance of the purchase money due to each was specifically set forth in the mortgage for the use of the former owner; a judgment for their benefit, in addition to the mortgage, was held by the trustee.

Hensal thereafter sold these tracts, with eight others, to the Pinkerton Coal Company, in part…