Hotchkiss v. Ogle

The opinion of the court was delivered by

Habvey, J.:

This was an action on a promissory note and to foreclose a real-estate mortgage given to secure it. The trial court rendered judgment for plaintiffs, and defendants have appealed.

The record may be summarized as follows: On February 14,1934, Owen Ogle executed a note for |4,500 payable to Lew Dawson, due in five years, with interest at five percent, payable annually, and secured the same by a mortgage upon certain land in Osage county. On September 27, 1934, Lew Dawson died intestate and left as his heirs at law his sister, Charlotte J.…