Avon State Bank v. Commercial & Savings Bank

MISER, Circuit Judge.

This action was brought by respondent to foreclose a real estate mortgage on certain lands owned by Abraham T. Schultz, in Bon Homme county, S. D. The mortgage was given by his son, Tobias, six days before his father’s death, to secure the payment.of a note for $5,000 of- even datef wtih the mortgage, which note was given in payment of a prior indebtedness to respondent. It contained a warranty that:

“He is the owner 'in fee of said premises, and that the same are free of all incumbrances whatever.”

The descriptoin of the property mortgaged was as follows:

“All my undivided…