Fikkan v. Holter

Plaintiff appealed from an order denying his motion for a new trial.

T. T. Fikkan sold land to defendants in April, 1924. They gave him their promissory notes aggregating $5,316.43 secured by a second mortgage on the land. In May, 1926, defendants sold the mortgaged land to one Olimb, who assumed and agreed to pay said $5,316.43. Said Fikkan died in 1928, and plaintiff, the representative of his estate, prosecutes this action for personal judgment against defendants as makers of the matured notes included in and secured by said second mortgage. Defendants plead a novation, claiming that…