Baxter v. National Mortgage Loan Co.

This is an appeal by the National Mortgage Loan Company, defendant in the district court for Lancaster county (and herein designated as “defendant” or “loan company”), from a judgment entered therein in favor of plaintiff, John W. Baxter, for the sum of $72,620.24. The procedure below was an action in equity, and the cause is here for trial de novo.

In summarizing the allegations of the pleadings, it may be said that plaintiff’s petition sets forth that the defendant on or about June 1, 1924, by fraud, secured the execution and delivery of a note for $55,000, secured by a real estate mortgage…