Foljahn v. Wiener

The plaintiffs, in their complaint, which is in the nature of a bill of interpleader and also a bill to redeem, allege that on October 14, 1931, they executed and delivered to the defendants, Sam Wiener and Anna Wiener, a promissory note for $1,500, which was secured by plaintiffs’ mortgage on certain land, and which was payable to defendants or the survivor; that Sam Wiener is in possession of the note and mortgage; that plaintiffs have been ready and willing to pay the note and mortgage in full and informed the defendants of their willingness to make payment to both of them; that Sam Wiener…