Armstrong

Plaintiffs, who are respondents herein, filed a complaint against defendant to impress a trust upon certain moneys in her hands as executrix .of the last will and testament of A. L. Schoenborn, deceased. The complaint is in two counts.

In the first cause of action it is alleged that plaintiffs assigned to A. L. Schoenborn, defendant’s testator, a note and mortgage of $3,500 for collection, executed by one Taylor. Schoenborn released this mortgage of $3,500 and substituted therefor a new mortgage of $4,000, executed by a man named Walker, who had succeeded to the interest of Taylor in the mortgaged property. Thereafter Schoenborn assigned this substituted note and mortgage of $4,000 to certain parties by the name of Brown. The Browns had theretofore assigned to Schoenborn a note and mortgage of $4,500 and had a credit balance with Schoenborn for that amount at the time of the assignment, and when the assignment was made by Schoenborn of the $4,000 mortgage to them he deducted $4,000 from the Brown account and credited the same to the account of plaintiffs leaving a credit balance on the books in favor of the Browns for $500. Two days after the transaction thus detailed Schoenborn…