Yeoman v. Morris

The opinion of the court ivas delivered by

Harvey, J.:

This is an action to foreclose a mortgage on an undivided one-half interest in a quarter section of land in Rush county. Broadly speaking, the defense was that the mortgage had been paid by a conveyance of the title to the real property, and that plaintiff, in view of his relations to the parties and the transaction, was not in a position to claim ownership of the mortgage and the note thereby secured. The trial court found generally for plaintiff. Defendant has appealed.

The petition alleges that plaintiff resides at Kansas City, Mo., that…