Brown v. Merriott

MOFFAT, Chief Justice.

It is alleged by plaintiff that the defendants, Elmer P. Merriott and B'elva Merriott, his wife, made, executed and delivered to the plaintiff their promissory note in the sum of $1,000 and a mortgage upon certain described real estate to secure the payment of the note. Recordation of the mortgage, payment of delinquent taxes upon the mortgaged property, accumulated unpaid interest, and defendants’ default thereon are alleged. The mortgage and note are fully set forth as a part of the complaint.

The answer admits the execution and delivery of the note and mortgage; that…