Tracy, Co-Trustees v. Central Tr. Co.

Opinion by

Mr. Justice Schaefer,

In this proceeding in equity two of the three trustees of the Estate of David E. Tracy seek to compel the third one, Central Trust Company, to take back mortgages which it sold to the trust estate and properties obtained by foreclosure of some of them and to substitute therefor the money it received for them. The court below refused to grant the relief prayed for and dismissed the bill. From the decree so ordering we have this appeal by plaintiffs.

There is no dispute that defendant, having in its banking department and owning in its own right certain mortgages,…