Houdek v. Brick

The opinion of the court was delivered by

Hopkins, J.:

The action was one to recover a balance due on a promissory note after foreclosure of mortgages on Nebraska land and chattels securing its payment. A demurrer to plaintiff’s petition was sustained, and he appeals.

The parties are residents of Kansas. On December 23, 1920, defendants executed their promissory note to the plaintiff for $1,350, payable September 1, 1921, to secure the payment of which they executed a real-estate mortgage on certain lots in Hubbell, Neb., and a chattel mortgage on certain shares of stock in the Frontier…