Howard v. Higgins

This action is upon a promissory note and a mortgage to secure it, both made by defendant Higgins to plaintiffs. The prayer is for the usual judgment in such a case. The answer set up that the consideration of the note was, that plaintiffs were to build a house, which they had not done, and that plaintiffs were to execute and deliver to Higgins a deed of conveyance of the mortgaged premises free of all liens, etc., except the mortgage sued on, and that they had refused to give such deed, although requested to do so. It appears from the evidence that the plaintiffs were, and still are, the…