State Ex Rel. Barnett v. Austin

RILEY. J.

This action was commenced by plaintiff in error to recover on a promissory note and to foreclose a mortgage given to secure said note.

The cause was tried to a jury, and since verdict and judgment were for the defendants, the parties are here in the same relation as in the trial court.

The note and mortgage were in the usual form and the petition of plaintiff set forth the execution of the note and mortgage and alleged nonpayment.

The amended answer of defendants, upon which the cause was tried, admitted the execution of the note and mortgage. Defendants specifically deny that they or…