Moorhead v. Fidelity Bldg. & Loan Ass'n

HERR, C.

This is an action originally ■brought in the district court of Beckham county by James F. Moorhead and Ina May Moorhead against the Fidelity Building & Loan Association to cancel a mortgage on certain town lots in Elk City, Okla.

The contention of plaintiffs is that the mortgage is without consideration. The defendant loan association contends that the mortgage was executed by plaintiffs to secure a loan by it to them in the sum of $2,000; that the proceeds of the loan were remitted by draft to defendant James E. Moorhead and one J. W. Logan, jointly; and that both indorsed the draft…