Petersen v. Turnbull

Eugene A. Petersen, plaintiff (appellant), brought this action to recover on a promissory note executed by Bette Turnbull, defendant (respondent). Plaintiff also seeks to foreclose a mortgage on real and personal property given to secure the promissory note. (William G. Himelhoch was joined as a party defendant by reason of a claimed mortgage interest in the realty covered by plaintiff’s mortgage. A judgment of default was entered against this defendant, from which no appeal was taken.)

By the unchallenged finding of the trial court, the note and mortgage were issued to plaintiff “solely as…