First National Bank v. Western Mortgage & Investment Co.

FISHER, Chief Justice.

Plaintiff in error sued James Ford and J. L. Driskill to recover on certain promissory notes executed by them, payable to plaintiff in error, and to foreclose a mortgage on certain real estate and cattle. The defendant in error, the Western Mortgage and Investment Company, was made defendant for the reason that it claimed to have a lien upon the same property. Plaintiff’s petition alleged that its mortgage was to secure a debt existing — that is, the notes sued on— at the time it was executed.

The defendant in error, the Western Mortgage and Investment Company, answered,…