Sommer v. Wigen

This action was brought for the foreclosure of a real estate-mortgage given by the defendant to the plaintiff. The complaint was in the usual form for the foreclosure of such a mortgage. The answer admitted the execution and delivery of the note and mortgage, the nonpayment of the taxes on the land, and likewise the failure to pay the mortgage. Affirmatively the defendant pleaded a want or absence of consideration for the mortgage.

The cause was tried before the court sitting without a jury; both parties proposed findings presenting their respective theories of the ease. The trial court found…