Cloud v. Burnett

Faville, J. —

Appellant’s ward, one Gater, and appellee Treichler- executed a written instrument for the exchange of properties. Under said instrument, Gater was to pay certain sums to Treichler, particularly an item _of $4,640, for which Gater ■ executed his note. To secure the- payment of said note, Gater ■ deposited with the American ■ Trust'& Savings Bank, as collateral security, a note and mortgage executed by one Penningroth for .$6,000. Later on, the maker of said note and mortgage desired to pay the same; and an oral agreement was entered into.between the parties whereby said maker,…