Zimmerman v. Dahlberg

Respondents, Will sisters, on the twenty-ninth day of April, 1921, conveyed certain real property to appellants and took in part payment therefor the promissory note of appellants, the payment of which was secured by a mortgage on the identical property. Suit to foreclose the mortgage was instituted by respondent Zimmerman, a nephew of the Will sisters, to whom the note and mortgage were assigned.

Prior to the conveyance to appellant, Will sisters had conveyed a portion of the identical property to one Wiks, who then went into and has since retained possession, and prior to the conveyance to…