Holden v. Batten

— On January 30, 1928, the appellees Mary Batten and her husband executed and delivered to one A. F. Smith a certain promissory note for the principal sum of $1,500 and secured the same by mortgage upon certain described real estate.

We shall refer to the Battens as though they were the sole appellees.

Said note and mortgage were made payable to the said A. F. Smith at his office in Council Bluffs. The mortgage was recorded on February 2, 1928. Thereafter, and at a date which does not appear in the record, Smith sold and indorsed said note to the appellant and also assigned said mortgage to the…