Clark Bros. v. Anderson Perry

Morling, J.-

Defendants were the attorneys for the Iowa Title & Loan Company in a suit to recover upon promissory notes and to foreclose mortgage which came to this court under the title Iowa Title & Loan Co. v. Clark Bros., reported in 209 Iowa 169. In that suit the defendants, who are the present plaintiffs, admitted that they did execute “the two promissory notes sued upon, copies of which are attached to the petition # * *” They there alleged as their defense that they had conveyed the mortgaged premises to Dunkin; that Dunkin had assumed the mortgage indebtedness; and that the Iowa Title…