Werry v. Goodman

TAYLOR, Chief Justice.

December 14, 1944, the defendants (respondents), husband and wife, executed and delivered to plaintiff (appellant) their promissory note in the sum of $16,000, payable on or before five years after date, with interest at the rate of 5% per annum. The note was originally secured by real and chattel mortgages, but at the request of the mortgagors the mortgages were not recorded until November 2, -1953. In the meantime the mortgaged property was sold with the knowledge and 'consent of0 the mortgagee. Upon the trial it was agreed, and the trial court found, that the security…