Fortune v. Barnhart

Faville, J. —

The plaintiff in the original action was the owner of a farm of 360 acres. It appears that he sold the farm, and received as evidence of part of the purchase price a mortgage on the premises for $27,250. The purchaser in turn sold the farm to the defendants L. W. Barnhart and wife, who assumed the payment of said mortgage. Subsequently, the title was conveyed to appellant.

“ In 1920, the Barnharts executed a second mortgage on said premises to appellee W. J. Steckel, trustee, for the -sum of $4,000. The plaintiff brought suit for the foreclosure of said first mortgage. The…