McMurray v. Crawford

Rees, J.:

Plaintiff held two promissory notes. The consideration for the notes was paid by plaintiff to defendant’s husband. Each note was secured by a real estate mortgage. Both mortgages were of the same tract of property. The notes and mortgages were delivered to plaintiff by defendant’s husband in 1961 and 1963. Plaintiff had the mortgages recorded. Defendant’s husband died in 1970. The notes had matured. After defendant made payments to plaintiff during the years 1971 through 1974, she stopped. Plaintiff brought this action for judgment on the notes and foreclosure of the mortgages.…