Haren v. Sundie

The defendants have appealed from a summary final judgment in an action to foreclose a mortgage. It conclusively appears from the pleadings, depositions, answers to interrogatories, and affidavits that there is no genuine issue as to the allegations of the plaintiff’s complaint. There does appear to be a genuine issue as to the allegation of the defendants’ affirmative defense of payment.

The record when considered with every inference against the plaintiff as the moving party upon the motion for summary judgment does not conclusively refute the defendants’ allegation that the indebtedness was…