Wilch v. Phelps

Cobb, Ch. J.

This action was commenced in the district court of Colfax county for the purpose of foreclosing a mortgage executed on real estate in said county by the defendants to the plaintiff. The petition was in the usual form, setting up the execution of a promissory note by the defendant, G. W. Phelps, to the plaintiff for the sum of four hundred dollars, with interest at the rate of ten per cent per annum, payable six months after the date thereof, April 5, 1880. Also a mortgage on the real estate therein described to secure the said note executed by the defendants, husband and wife.

The…