Dauel v. Rose

Opinion by

ESTES, C.

Parties appear in the same order as in the trial court. Plaintiff sued J. E. Rose and wife for judgment for $1,570 on a promissory note, and for judgment of foreclosure on certain real estate against the Roses and numerous other defendants. Defendants pleaded payment. From a judgment on directed verdict for defendants, plaintiff appeals. On August 5, 1919, J. E. Rose and wife executed a mortgage on their farm to secure said note that day given to the Conservative Loan Company, due in 1929. On September 4, 1919, said note and mortgage were assigned to plaintiff, Dauel, but…