Nolan v. Benninghoff

MR. COMMISSIONER LENTZ

prepared the opinion for the court.

Action to have a deed decreed to be a mortgage. The case was tried by the court sitting without a jury. From a judgment and decree in plaiutiff’s favor and from an order overruling their motion for a new trial, defendants appeal.

*70On May 4, 1917, plaintiff borrowed from defendants the sum. of $22,000, and executed two mortgages on 1,580 acres of land in Mussellshell county to secure the payment of the principal amount and a nupiber of interest notes. The mortgages provided that on default in the payment of any one of the notes defendants…