Black v. Yoder

This is an action to foreclose a real estate mortgage. Defendant answered, interposing a plea of payment. Issues were joined, and evidence was submitted upon a trial before the court. Findings and conclusions were made and entered, followed by a decree of foreclosure. The defendant has appealed.

On August 28, 1920, appellant executed and delivered to one W. F. Loutzenhiser his promissory note for thirteen hundred dollars, payable November 1, 1921, bearing interest at the rate of eight per cent per annum, and secured by a mortgage on real estate owned by appellant. "When the note fell due,…