Baird v. Chamberlain

Birdzell, J.. This is a foreclosure action brought by the receiver of the Williams County State Bank to foreclose two mortgages executed by the defendants which were alleged to have belonged to the bank when it passed into receivership. The defendants answered setting up the statute of limitations as to a portion of the indebtedness for which one of the mortgages is alleged to stand as security, an accord and satisfaction as to another portion, and they claim a superior and paramount interest in the property to that of the plaintiff as a mortgagee. They also assert, as to one mortgage, that…