Schmidt v. Durant

HERR, C.

This is an action brought in the district, court of Haskell county by Ed Schmidt against Caroline Durant and others to foreclose a real estate mortgage. The mortgage was executed by defendant Caroline Durant and her husband to Gum Brothers ; was given to secure a note of $125, and covered 100 acres of land situated in Has-kell county. This mortgage is a second mortgage, and is subject to a prior mortgage in the sum of $2,500. The mortgage was subsequently assigned to th'e plaintiff herein.

Defendant Caroline Durant admits the execution of the note and mortgage, but as a defense alleges…