Hawkins v. McElhanon

This action was commenced by plaintiff-payee to recover from defendant-promissors on a note secured by a mortgage on real estate. The defendants answered and alleged that there was a failure of consideration for the note; that there was fraud and misrepresentation by the plaintiff in securing its execution; and that there was no indebtedness due, but rather that plaintiff had been overpaid in a stated amount. The answer also contained a general denial. The evidence disclosed that defendants purchased the premises described in the mortgage from the plaintiff; that the consideration for the…