Couger v. Costello

E. P. Costello sued John Couger and wife, Breckie E. Couger, seeking to recover upon a note for $9,150 and to foreclose a deed of trust lien on 457½ acres of land, the separate property of Mrs. Couger. From a judgment for plaintiff against John Couger upon the note and against both defendants for foreclosure of the deed of trust lien the defendants have appealed.

In defense against plaintiff’s suit the defendants pleaded (1) failure of consideration ; (2) want of consideration; (3) fraud in the procurement of the execution and delivery of the note and deed of trust; and (4) as a part of the…