McKay v. Parker

*527The opinion of the court was delivered by

Thiele, J.:

This was an action to recover on a note secured by a mortgage on real estate and for the foreclosure of the mortgage. Judgment was entered for the plaintiff and defendants appeal.

In his petition plaintiff alleged that he was the duly appointed and qualified executor of the last will of Thomas A. Reber, deceased; that on August 1,1946, defendants executed and delivered to Thomas A. Reber their promissory note due August 1, 1951, for the sum of $4,000; that plaintiff was the owner and holder of the note by operation of law and that there was…