Wikle v. Jones

The executor of an estate in his individual capacity executed to- himself as such executor a mortgage reciting that it was given to secure his indebtedness to the estate, and afterwards entered on the mortgage a cancellation, which was entered on the records; subsequently to which he-was adjudged a bankrupt. In a proceeding brought by the legatees under the will, a decree was rendered wherein such cancellation was declared void and the mortgage ordered foreclosed for the amount due thereon, to be determined by a jury. Thereafter the trus*38tee in bankruptcy filed an intervention, asking to be…