Philbrick v. Puritan Corporation

This action was commenced in the district court of Tulsa county upon a promissory note and to foreclose a real estate mortgage given to secure the same. From a judgment and decree of foreclosure the defendants have appealed. The parties in error are referred to' herein as defendants and plaintiff, respectively, as they appeared at the trial.

Plaintiff’s petition was in the usual form employed in such actions, with the note and mortgage set out as exhibits. Defendants’ answer admitted the execution of the note and mortgage, but sought to defeat the action upon the ground that the aforesaid…