Soloway v. Benson

RYDER, Acting Chief Judge.

Appellants/plaintiffs challenge the trial court’s granting a directed verdict and ruling that appellees/defendants are entitled to final judgment. We reverse the final judgment and remand for further proceedings.

Appellants sued appellees to foreclose their mortgage on appellees’ real property. At the nonjury trial, the parties stipulated to the introduction into evidence of a copy of the note and mortgage in place of the original.

During the trial, appellees cross-examined one of appellants on the specific facts underlying the acquisition of the note and mortgage from…