Udes v. Nyegaard

This foreclosure proceeding was commenced in the chancery court of Jefferson County by appellants against appellees on June 29, 1933, upon a note and mortgage executed by appellees to A. Udes on June 24, 1927, due three years thereafter and which, at first maturity, had been extended three years. At the time of the "institution of the suit, the debt was. due, and appellees were in default on interest and taxes, which they were required to pay under the terms of the mortgage.

Appellees interposed the defense that on the 21st day of June, 1933, they entered into an oral agreement with A. Udes…