Mitchell v. Schmelzer

This action was instituted in the district court of Coal county by M. C. Mitchell, hereinafter referred to as plaintiff, against E. A. Schmelzer, Rachel Schmelzer, and other defendants, wherein plaintiff sought judgment on a promissory note in the sum of $500 and foreclosure of a real estate mortgage given to secure the same. Defendants, by answer and cross-petition, admitted the execution of the note and mortgage but alleged that plaintiff was indebted to them in the sum of $1,500 and sought judgment against defendant for $1,000 and cancellation of the note and mortgage. The cause was tried…