Union Guardian Trust Co. v. Rood

From a decree for plaintiff in a mortgage foreclosure defendants have appealed. Their contention is that the mortgage debt had been paid in full before suit was instituted. On October 10, 1927, John R. Rood became indebted to the Union Trust Company, of which plaintiff is the successor, in the sum of $40,000. To secure payment Mr. Rood and his wife, Stella D. Rood, executed and delivered to the Union Trust Company a note and other papers which collectively are denominated by counsel an equitable mortgage. As stated in appellants’ brief:

“The mortgage sought to be foreclosed consisted of deeds,…