Emanuel v. Engst

This action is brought on a promissory note to recover the deficiency remaining after foreclosure and sale of the real estate security therefor.

The complaint sets out the making and securing of the note, the non-"payihent of'the same when due, the foreclosure of the security, the deficiency remaining, and the failure after demand to pav the same. The defendants, answering, admit the making and securing of the note, the nonpayment thereof, the foreclosure and the deficiency; but plead, first, that the note was void because the transaction out of which it grew was illegal, contrary to public…