Fuetsch v. Fahney

The following opinion was filed October 10, 1939:

Rosenberry, C. J.

On the 15th day of April, 1929, for value, the defendants, Henry Fahney and Angeline Fahney, his wife, made, executed, and delivered to Carl Fahney, ,Sr., and Anna Fahney, his wife, a note and mortgage in the sum of $8,500, with interest thereon at the rate of five per cent per annum. It appears that this mortgage was given in lieu of a mortgage of $7,500, given on January 27, 1922, by Henry Fahney and Angeline Fahney, his wife; that on the same day and contemporaneously therewith, the said Henry Fahney and Angeline Fahney gave…