Bankers Mortgage Co. v. Breyfogle

The opinion of the court was delivered by

Johnston, C. J.:

The Bankers Mortgage Company brought this action against Louis D. Breyfogle, G. H. Ayres, and unknown heirs or representatives to recover on a promissory note for $2,000 executed by L. D. Breyfogle and his wife, Mary A. Breyfogle, and to *363foreclose a mortgage on certain real estate given by them to secure the payment of the note.

It was alleged that because of defaults made in the payments on the note and also failure to pay taxes on the mortgaged real estate, the plaintiff was entitled to judgment and foreclosure. The petition included a…