Colahan v. Smyth

In 1926 the defendants William Orville Smyth and Viola Ruth Smyth borrowed $700 from one E. L. Hopkins, at 10 per cent interest, and secured payment thereof with a mortgage on their land, consisting of a grazing homestead of 640 acres and a farm of 160 acres. The defendants maintained their home on the land for several years and were in possession of both tracts, which are about a mile apart. According to the proof, its value, about $10 per acre for the farm and from $1 to $1.50 per acre for the grazing homestead, has been stationary.

In 1929, the debt not having been paid, Hopkins filed a…