Mitchell v. Fisher

This action was commenced in the district court of Pottawatomie county by Thomas Fisher, one of the defendants in error, against the plaintiffs in error for money due on a note of $1,000 secured by a real estate mortgage. Upon conclusion of the testimony and both sides having rested, plaintiff moved for a directed verdict, which the court sustained, from which the defendants have appealed. The parties will be referred to as they appeared in the trial court.

Plaintiff Thomas Fisher alleges that on February 11, 1930, defendants S. B. Mitchell and Alice Mitchell, for a good and valuable…