Trustees of Zion Methodist Church v. Smith

This is an appeal from a decree providing for foreclosure of an instrument found by the circuit court of Pope county to be an equitable mortgage. The essential facts are undisputed and may be summarized as follows:

On July 31, 1907, L. W. Smith and Louisa, his wife, executed and delivered to Orange Jackson a note for $500 due twelve months after date thereof, secured by mortgage in due form upon the E% NE% of Sec. 21, Twp. 11 S. of B. 5 E in Pope county. The mortgage was recorded August 7,1907. A copy thereof was attached to the complaint in this cause and designated Exhibit A.

On January 22,…