Lyon v. Welsh

Welsh and wife made a mortgage, now held by plaintiff, to secure a note of $1,400. The husband made a statement in writing, under section 3399 of the ^Revision, authorizing the District Court of Johnson county to enter j udgment for the full amount, stating it, and for a foreclosure.

Plaintiff, in due form, filed a petition making Welsh and wife and certain incumbrancers parties, and praying a foreclosure.

Welsh answered that the agreement for confession was obtained by fraud, &c. The issue made thereon was referred, the referee found for plaintiff, and this was confirmed by the court.…