McClellan v. Davis

The defendants Davis and wife gave three non-negotiable notes, payable in one, two and three years, to the Fruitland State Bank, at the bank, and secured them by a real estate mortgage to the bank. In April, 1920, for value, the two last-maturing notes were sold and delivered to plaintiff, without knowledge or notice to defendants. This action is brought upon the last note due, and to foreclose the mortgage. The plurality of defendants is immaterial, and references will be to defendant Davis, the husband.

The defendant alleged as an affirmative defense, and so far as material here the court…