Clark v. Mussman

This is an action to recover upon a promissory note and to foreclose a lien upon certain real estate; the plaintiff being William Mussman, and the defendants being W. C. Clark and his wife, S. B. Clark. The plaintiff recovered in the trial court, and the defendants have appealed. The case is submitted in this court upon a written agreement approved by the trial judge, which, after stating the substance of the pleadings, reads as follows:

“It is agreed that the only issues in this case are whether, under the facts in this case, plaintiff’s cause of action and right to recover upon said note,…