Beckmann v. Ward

Appellants, as plaintiffs, brought this action to foreclose a real estate mortgage which had been given to Osner & Mehlhorn, Inc., they being the owners of certain of the notes described in and secured by the mortgage. From a decree awarding a judgment against defendant Higgs only, denying foreclosure and directing that the mortgage under which they claim be cancelled of record, the plaintiffs have appealed.

The record is voluminous and the transactions shown are considerably involved, but the controlling facts are practically undisputed, and will be stated here in greatly abbreviated form…