Nitka v. Betlinski

This action was instituted to foreclose two mortgages given by the defendant as security for loans made to her by the plaintiff’s intestate, Frank Ludwin. The defendant admitted the execution of the mortgages but pleaded payment of one loan in full and partial payment of the other. The court decided for the plaintiff on these issues and rendered judgment of foreclosure, from which the defendant has appealed.

The court found the following facts: The defendant’s husband and Ludwin were close friends. On February 23, 1934, the defendant borrowed $24,000 from Ludwin and, on April 28, 1936, an…