Brauch v. Freking

On March 1, 1929, H. H. Freking and wife, Mary E. Freking, signed a promissory note in the sum of $3,800. payable to Frank P. Brauch, and to secure the payment of said note on the same date executed a mortgage upon their homestead property in the city of LeMars, Iowa, described as follows:

“Lot Five (5), in Block Seventy-nine (79) Fifth addition to the city of LeMars, Plymouth county, Iowa.”

That this property was the homestead of mortgagors is conceded by the parties and also established by the evidence. This mortgage was not filed for record until September 22, 1931. The money was borrowed…