Lockwood v. Gugin

Defendants claim that' there was an oral agreement between plaintiff, who is the mortgagee, and defendant, S. C. Parrish, who is one of the mortgagors, in the realty mortgages in suit to the effect that the mortgagors, Gugin and Parrish, should seed the premises, the same being farm land, for a crop, and in consideration thereof, plaintiff extended the date of maturity of the first instalment and agreed not to institute a suit to foreclose until the expiration of one year.

This is an affirmative defense. The defendants have failed to establish it by a preponderance of the evidence. Mr. Parrish…