Peters v. Dietrich

The motion to set aside the judgment was determined solely upon affidavits submitted by the parties. No oral evidence was received or considered by the circuit court and all of the affidavits sub mitted and considered are certified to this court by the trial judge as a bill of exceptions.

Defendants tendered an answer with their motion to set aside the default. It is alleged, and shown by affidavits, in substance, that the note described in plaintiffs’ complaint was executed by defendants in connection with the execution of a trust deed (given as a mortgage) to secure the payment of the…