Peoples State Bank, by Peyton v. Ruppert

OLSEN, Justice.

Plaintiff appeals from an order denying its motion for a new trial. We speak of the bank as plaintiff.

The action is one to foreclose a real estate mortgage given by defendants Alex Ruppert and Mollie Ruppert, husband and wife, to the plaintiff bank to secure a promissory note for $5,000, given by these two defendants for that amount of money borrowed from the bank, as hereinafter stated. The note and mortgage were dated March 15, 1919, and due three years after said date. The defense alleged was that the mortgage indebtedness to the bank had been paid. This question of payment…