Federal Farm Mortgage Corp. v. Bolinger

*701The opinion of the court was delivered by

Hoch, J.:

Action to recover on a promissory note was brought against appellants, makers of the note. This appeal is from an order sustaining a motion to strike out portions of their answer. One issue presented is whether the payee of a promissory note, secured by a second mortgage, is estopped from recovery on the note by virtue of a prior judgment in a foreclosure action brought by the holder of the first mortgage, and in which action, as holder of the second mortgage, he had been joined as one of the defendants. Other questions will be stated after…