Badtke v. Badtke

Arnold and Dorothy Badtke (Badtkes) appeal from a final judgment reciting that they owe balances on two mortgage notes executed on January 4, 1971 in favor of Arnold’s mother, Marie C. Badtke.

Clarence Badtke, personal representative of the estate of Marie, commenced the instant action to collect on the mortgage notes. The jury answered question 3 of the special verdict as follows:

Have the defendants paid any or all of the following notes:(a)Mortgage Note dated March 4, 1975, for the principal sum of $19,000?

ANSWER “No”(b)Mortgage Note dated January 4, 1971, for the principal sum of $17,500?

ANS…