Ebbert v. Mercantile Trust Co.

This action was brought to cancel two notes and deeds of trust by which they were secured. Upon motion of plaintiffs, judgment was rendered in their favor on the pleadings. Defendants appeal on the judgment-roll.

From the pleadings it appears that plaintiffs executed one note and deed of trust on their own property, and later succeeded to the property subject to the other deed of trust executed by one McMillan. The notes and deeds of trust arose out of the same type of transaction and are' similar in their provisions. Plaintiffs on December 14, 1922, purchased from Berkeley Securities Company…