Somers v. O'Brien

The opinion of the court was delivered by

Dawson, J.:

This was an action to foreclose a mortgage on a *25quarter section of land given to secure the payment of two promissory notes, one for $6,500 held by the appellee, and one for $1,500 held by the appellants. Money judgments were awarded in favor of appellee and appellants against the makers and other parties bound on the notes, but foreclosure of the mortgage was denied on the ground that the title of the mortgagors was not of a character which they could encumber. The trial court’s findings of fact leading to that conclusion occupy many pages,…