Brack v. Brack

Peterson, Justice.

Plaintiff, as executor under the last will of Hans Larsen, deceased, brought this action to foreclose a real estate mortgage executed and delivered on November 4, 1926, by defendants to Larsen as security for their note of even date for $1,500 with interest payable three years after date.

The defense was that on March 21, 1933, Larsen and defendants entered into a written contract reciting that there was due on the note the sum of $1,500 and interest at six percent from November 4, 1932, and providing that if defendants paid to Larsen the sum of $45 semiannual interest at six…