Disney v. Lang

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover upon a number of promissory notes and to foreclose a mortgage given to secure their payment. On April 2, 1909, Michael Lang purchased a half section of land from Kepple Disney, the appellee, for $11,119, taking it subject to an existing mortgage for $1119 and paying $3500 in cash and executing to Disney notes aggregating $6500. At the same time Lang and his wife executed a mortgage upon the tract purchased to secure *310the payment of the notes. The Union Pacific railway passed through the tract purchased, and…