Jack Bell Lumber Co. v. Will

I cannot concur in the Majority opinion.. As I view the opinion, it unjustifiably deprives the defendants, Mr. and Mrs. Will, of' the partial recoupment of their losses granted them by a trial court judgment that is. neither contrary to law nor to the evidence, and, under all recognized rules of' appellate review, is beyond the proper prerogative of this court to reverse.

In this case, defendants’ theory was that,, although their written real estate mortgage was not executed by W. F. Taylor until August 29, 1956, they had an equitable mortgage antedating that, and arising out of" their…