First National Bank v. Kallash

The opinion of the court was delivered by

Hutchison, J.:

The appeal in this case involves the right of a holder in due course of a note with mortgage securing it, executed by a person of unsound mind, to recover thereon.

The petition was in the usual form of one in a mortgage-foreclosure action. The defendant by his. brother, as his next friend, *74filed an answer admitting the signing of the note and mortgage, but denying all other allegations of the petition, and alleging specially the incompetency of the defendant although not so adjudged, the want of consideration for the note and mortgage, for…