Gardner v. Lincoln Bank & Trust Co.

Opinion of the Court by

Drury, Commissioner

Reversing.

In the trial court Nellie T. Gardner moved to set aside a judgment and the sale made thereunder, and her motion was overruled. The Lincoln Bank & Trust Company (hereafter called the bank) sought and was awarded against Mrs. Gardner and- her husband, Benj. F. Gardner, a writ of possession of the property sold under that judgment, and both Mr. and Mrs. Gardner have appealed.

On August 31, 1927, C. W. Brickley and his wife executed to the bank a mortgage on this property to secure the payment of six bonds- of $1,000 each, all due one year…