Allen v. Swerdfiger

The opinion of the court was delivered by

Anders, J.

The appellant, plaintiff below, instituted this actien to foreclose a real estate mortgage executed and delivered by the respondents on May 28, 1894, to one Jessie M. Johnson, to secure’ the payment of a promissory note of that date for $400, due sixty days' *462after date, with interest at five per cent, per month payable monthly.

The complaint, after setting up the execution and delivery of the note and mortgage, alleges that on the 28th day of May, 1894, the said note was, for a valuable consideration, sold, transferred and assigned by said…