Eckhardt v. Bankers Trust Co.

SUPPI.EMENTAL OPINION ON PETITION FOR REHEARING.

Kintzinger, J.

Defendant, in a petition for rehearing, claims sufficient consideration was not given to the error assigned in overruling its motion to strike the allegations of the petition asking the cancellation of certain notes. It is claimed that such allegations state a separate and personal action, triable only in the county of defendant’s residence.

The notes referred to, however, with all other indebtedness owing the defendant by plaintiffs, were secured by a trust deed. Plaintiffs’ petition asks to cancel this trust deed and quiet their…