Marshall & Ilsley Bank v. Ewig

The following facts were found by the court in part upon evidence which is undisputed, and in part upon evidence which warranted the court’s findings by the great weight and clear preponderance thereof. The note and mortgage in question were executed on August 26, 1925, by the defendant, Martha Ewig, to the plaintiff, as payee and mortgagee, and delivered to it on August 29, 1925, by her husband, William Ewig, as collateral security for indebtedness then existing on his part to the plaintiff. The mortgage lien was on a house and lot (hereinafter called the “Walnut street property”), which was…