Murphy v. Hellman Commercial Trust & Savings Bank

This is an appeal from a judgment in favor of the defendants in an action to subject certain real prop erty to the payment of an indebtedness. The facts of the case are that on February 25, 1914, one J. F. Coggins executed what has been called by the parties a “lease note,” which instrument acknowledged receipt of eight mules, eight horses, harness, etc., received by Coggins from the plaintiff, which he agreed to return within one year, and also contained an agreement on the part of Coggins to pay $3,375 for the use of said stock. It also reserved to Coggins the privilege of purchasing said property within the year for the sum of $3,375, said sum to be paid in monthly payments of $250 or more per month, beginning April 1, 1914. At the same time the defendants Samuel F. Randall and Amanda M. Randall, his wife, executed to the defendant Heilman Commercial Trust & Savings Bank, a deed to the real property in controversy in this action. Said deed was an unconditional grant and stated the consideration to be $10. At the same time the plaintiff executed a bill of sale of the horses and mules in favor of Coggins. All of these instruments were deposited with the Heilman Commercial Trust &…