Homemakers Finance Service, Inc. v. Ellsworth

Plaintiff-appellant Homemakers Finance Service, Inc. (Homemakers) appeals from a judgment denying relief in an action on a note and to foreclose a certain mortgage as against the defendantsappellees Mike and Maxine Ellsworth.

In order to consolidate a number of debts and to procure monies for improvements on a tract of land, the Ellsworths executed a promissory note and mortgage in favor of Homemakers. Subsequently, Mike Ellsworth was injured and unable to continue work. He notified Homemakers of his plight and offered to convey the secured property in satisfaction of the note. He delivered a…