Ellis v. First National Bank

The plaintiffs sued to cancel a security deed on the ground that the debt had been paid in full. The defendant, an executor, denied the allegations as to payment, and by a cross-action sought to foreclose the deed as an equitable mortgage for a balance alleged to be due, praying only for a judgment in rem. The court directed a verdict against cancellation, but struck the cross-action, and both parties excepted. This court affirmed the direction of the verdict against the plaintiffs, refusing cancellation, but reversed the judgment dismissing the cross-action. Brooks v. First National Bank of…