Coburn v. Coburn

This action was instituted to foreclose a real estate mortgage executed by the defendant as security for the payment of his promissory note for the sum of $500, given to the plaintiff July 27, 1923, of even date with the mortgage. The complaint is in usual form. By way of answer the defendant, John W. Coburn, admitted the execution of the note and mortgage, but attempts to defend affirmatively by reason of a judgment entered by the district court of Cascade county April 4, 1924, upon the promissory note alone, said to estop the plaintiff in this action. The answer of the defendant Peter G.…