Majority
p. 869(December 9, 1939.) Fred A. Nachman and Others, etc., Respondents, v. The Tennessee Electric Power Company and Others, Defendants, and City Bank Farmers Trust Company, as Successor to the National City Bank of New York, as Trustee, etc., Appellant. Howard M. Ernst and Others, etc., Respondents, v. William W. Hoffman, as Trustee under a Mortgage or Deed of Trust Dated June 1, 1922, as Amended, etc., Defendant, and City Bank Farmers Trust Company, as Trustee under a Mortgage or Deed of Trust Dated June 1, 1922, as Amended, etc., Appellant.
Order unanimously modified to the extent stated in order, and as so modified affirmed, without costs. Order entered pursuant to stipulation. Present — Martin, P. J., O’Malley Townley, Dore and Cohn, JJ.