Bishop v. Fillenworth

Julius J. Olson, Justice.

Plaintiffs’ suit to cancel and annul a real estate mortgage and to enjoin its foreclosure resulted in adverse findings. The suit had for its foundation their asserted claims, that fraud was practiced in its procurement; also, that the debt ostensibly secured thereby was wholly without consideration. Their blended motion for amended findings or new trial was denied, and they appeal.

While the facts are somewhat involved, we believe the following résumé will prove adequate.

One Anthony J. Praxel was the owner of a statutory homestead consisting of two lots in the village…