Schlaeger v. Title Guarantee & Trust Co.

ROSS, PJ.

It is claimed that the form of the instrument does not comply with the requirements of the statutes. An examination of the instrument discloses sufficient of the body of the instrument upon the page containing the acknowledgment to meet the demands of the statute.

After giving of the trust instrument and the advance of a part of the proceeds of the bonds secured thereby, Dennis and Barasch executed a mortgage to the plaintiff in error, who paid him the amount secured thereby and before the entire sum secured by the trust indenture had been advanced.

The evidence indicates that the…