Nelson v. Southworth

The opinion of the court was delivered by

Benson, J.:

The defendants appeal from a judgment canceling two notes, and mortgages securing them, made by the plaintiff and his wife to the defendant Southworth.

The following facts appear either from the undisputed evidence or are established by the findings and decisions of the district court. On January 1, 1907, the plaintiff borrowed $2500 from the defendant South-worth, and gave two promissory notes therefor, one for $2500, payable in five years with interest at 6 per cent per annum, payable semiannually, secured by mortgages on his farm of the…