Bagley v. Kerr

This is an appeal by the plaintiff from a decree of the circuit court which dismissed his suit. The purpose of the suit was to (a) reinstate a mortgage which is described in the complaint and which was executed and delivered by the defendants to the plaintiff to secure payment of their promissory note in the denomination of $3,600;. (b) secure judgment upon the note; (c) foreclose the mortgage; and (d) secure incidental relief.

The note above mentioned was signed October 1, 1928, and was payable “to the order of O. J. Bagley or Mary Bagley, husband and wife, and unto the survivor thereof.”…