Crowley
Crowley v. Savings Union Bank & Trust Co.
Opinion
Lead Opinion
Chipman, J.
The action was brought to obtain a decree adjudging plaintiff to be the owner of an undivided one-half interest in two certain promissory notes and mortgages, and directing the sale of said notes and mortgages and the payment to plaintiff of one-half of the proceeds of said sale and one-half of all interest collected and to be collected. The promissory notes, the subject of the action, wer-e as follows: A note of date February 29, 1912, executed by Herman D. Hogrefe, and Bertha L. Hogrefe, for the sum of fifteen thousand dollars, payable to the order of T. J. Crowley, and Catherine Crowley, secured by mortgage on real estate. Also a note of date July 16, 1912, executed by J. D. Boearde Drayage Company, a corporation, for the sum of eighteen thousand dollars, payable to the order of T. J. Crowley and Katherine S. Crowley, secured by mortgage on real estate.
Subsequently to the commencement of the action, as appears by a supplemental complaint, there was paid on the Hogrefe note the sum of fourteen thousand dollars to defendant Savings Union Bank and Trust Company in its individual capacity, of which sum one-half was paid to defendant Savings Union Bank and Trust Company as…