Balue v. Sear

This was an action brought by the appellee against the appellants for the foreclosure of a mortgage executed by them to him for the sum of $7,000.

The defendant Marion Balue answered: 1st. That the note and mortgage were executed without any consideration whatever. 2d. That he admits the execution of the note and mortgage sued on, but says that the. consideration for which they were executed has wholly failed in this : That the defendant was the owner of the land described in the mortgage, and desired to borrow the sum of $7,000; that the plaintiff undertook to procure a loan for that amount…