Neavitt v. Upp

Frank M. Upp, plaintiff, brought this action asking for a declaratory judgment that a certain note and mortgage made by him on January 18, 1934, to Tom P. Neavitt, Elizabeth Neavitt, Nelle Neavitt Allen, Nora Neavitt McKinney and Julia Neavitt Boyd, heirs of Bettie Neavitt, in their sole and separate right, defendants, be declared null and void.

A cross-complaint was filed, asking judgment on the note and that the mortgage be foreclosed and the prop- ' erty sold to satisfy the judgment. This note and mortgage admittedly were executed under the following circumstances: Prior to the date thereof…