First National Bank v. Barnholdt

The opinion of the court was delivered by

Johnston, C. J.:

The First National Bank of Lyndon brought an action against Ada J. Barnholdt to recover the balance due upon *378a note for $3,150 executed by defendant and her husband on January 9, 1922, payable three years after date with interest at seven per cent, payable annually, and in the mortgage it was stipulated that both interest and principal would bear ten per cent interest after due, and also to foreclose a mortgage given to secure its payment.

Among other things the plaintiff asked for the cancellation of a release of the mortgage mentioned…