Swinson v. Sodaman

The sole question which requires consideration on this appeal is whether a freehold is involved in the litigation. From the pleadings and the evidence it appears that on November 2, 1931, Albert E. Swinson, owner of a seventy-acre farm in Winnebago county, and his wife executed their promissory note for $3000, due in five years, with interest at five and one-half per cent, payable annually, and secured its payment by a trust deed in the nature of a mortgage to Everette G. Patterson. Subsequently, Sylvia Sodaman became the owner of the note. Default was made in the payment of the principal at…