Cooper Co. v. Warwick

GALLAGHER, Chief Justice.

Appellees, Will Warwick and wife, sued appellant, The Cooper Company, Inc., to cancel a certain note and deed of trust executed by them to appellant and to set aside the sale to appellant of a tract of land containing 203 acres, which sale had theretofore been made under said deed of trust to satisfy said note. As ground for such relief, appellees claimed that the indebtedness which said note purported to evidence had been paid; that the deed of trust which purported to create a lien on said tract of land to secure said note had been fraudulently altered, and that the…