Baker v. Farmers & Merchants State Bank

Opinion by

WILDIAMS, C.

The parties herein will be referred to as they appeared in the trial court.

This action was instituted by the plaintiff against the defendants to recover on a promissory note, and to foreclose a mortgage given to secure the same. Defendant in his answer admits the execution of the note and mortgage sued upon, but alleges that is was agreed by and between the defendant and plaintiff that the rents received from the building upon which the mortgage was given should be applied to the satisfaction of the mortgage and note sued upon herein; that $605 was so deposited with the…