Crain v. . Hutchins

The plaintiffs allege that they executed two promissory 'notes for $250.00 each, secured by purchase money mortgage. The uncontroverted evidence tends to show that defendant Hutchins discounted or “took up” these notes and now owns the same. They are past due. While the plaintiffs allege payment the jury resolved that issue against them.

So then it appears that defendant Hutchins holds two unpaid, past-due notes of plaintiffs which are secured by mortgage lien on land. Therefore there is no reason why the decree of foreclosure should not be affirmed.

While it is true that defendant failed to…