Continental National Bank v. Reynolds

After plaintiff had obtained judgment by confession on a mortgage note, defendants, on petition, were granted leave to appear and defend and later filed a verified answer. Trial was had before the court without a jury, resulting in findings and judgment in favor of defendants, and an order was entered vacating and setting aside the judgment by confession and dismissing the suit at plaintiff’s costs. This appeal followed.

The essential facts are undisputed. It appears from the record that May 24, 1920, defendants executed a mortgage note for $14,000, due three years thereafter and containing*…