Dwyer v. Sullivan

The opinion of the court was delivered by

Johnston, C. J.:

This was an action to recover on two promissory notes executed by Harry R. Sullivan and his wife and to foreclose a mortgage given to secure their payment. The money was loaned by Dwyer to Sullivan and the notes were payable to James Dwyer, who is now deceased.

Dwyer owned a farm in Leavenworth county and was engaged in carrying it on. The Sullivans lived some distance away and had *399served him, it is said, for about eight years, going out to the James Dwyer farm to make settlements with tenants and make a division of the products of…